Nobody wants injuries to occur anywhere – least of all in the workplace. Unfortunately, it is a tough reality of life that serious workplace accidents and deaths can and do happen. As an employer, it’s of the highest importance to provide safe, compliant workplaces for your colleagues – this goes a long way towards mitigating accidents and injuries. In this Grainger Legal blog, we look at the important steps employers should take when an employee has been injured at work.
Having a workplace accident occur is chief amongst most employers’ greatest worries. Being aware of the steps to take if an injury occur in your business is important, as this knowledge will help you to better manage any accident in a compliant way. If an injury is handled well, it will also minimise stress to you and your employee and assist them to have a faster recovery and return to work.
If an accident occurs in your workplace, you should contact your WorkSafe agent for specific advice but in general most employers will need to take the following steps:
- Find out if the incident is reportable to WorkSafe here. For example: the incident is serious and causes (or has the potential to cause) serious injury or death. If it is, complete an Incident Notification Form and send it to WorkSafe (and keep a copy in your records for 5 years).
- Ensure that the required particulars of the worker’s injury or illness are recorded in the Register of Injuries. (Every workplace should have a Register of Injuries containing the particulars of all injuries that have occurred at a workplace, here’s a suggested template from WorkSafe).
- Receive your worker’s Injury Claim Form and then complete an Employer’s Injury Claim Report and send both forms together with your worker’s Certificate of Capacity and any receipts/invoices for medical treatment to your WorkSafe agent. (Note: Be sure to give a copy of the forms to your worker or confirm with them in writing that you’ve been notified of their claim).
- Lodge the claim with your WorkSafe agent within 10 calendar days of the date your worker gives you the form. The WorkSafe agent has 28 days to assess the claim and discuss the next steps with you. (Note that when liability has been accepted on a claim an employer is usually liable for the first 10 days of incapacity and the first $707 (indexed annually) of medical and like expenses (unless they have taken out a buy-out option on their WorkCover insurance).
- Start to think about some suitable alternative tasks and duties your worker could do while injured and where possible, involve them in this conversation.
Injury in the workplace can be a complex and concerning issue – for both employers, and employees. For support to lodge or manage a workers compensation claim, reach out to the expert and kind team at Grainger Legal.