Worker’s compensation injury reporting laws have recently changed in Queensland, bringing them closer to the requirements of New South Wales.
All Queensland employers now must report injuries sustained by workers to their worker’s compensation insurer where the injury may be compensable. For most Queensland employers, your worker’s compensation insurer is WorkCover.
Q. What do these new injury reporting laws mean for Queensland employers?
All employers must report work-related injuries to their insurer if:
- a worker sustains an injury (personal injury, disease, aggravation of a personal injury, disease or medical condition, loss of hearing or death); and
- you are aware of the injury; and
- the injury may be compensable. An injury may be compensable when you and/or a worker reasonably believes:(i) the injury has arisen out of, or in the course of employment; and
(ii) the injury will require medical treatment resulting in the issue of a medical certificate or will require the worker to have time off work (beyond the day of sustaining the injury) or time away from their normal duties to recover from the injury.
Any injury sustained by a worker needs to be reported to your insurer within 8 business days after becoming aware of the injury.
The relevant worker also needs to be notified of their right to lodge a worker’s compensation claim and should be provided with an Application for Compensation form.
Q. Do I need to report every injury that falls into the above criteria?
Yes. While it may seem onerous, if you fail to report a workplace injury (as described above) via the relevant process, you are in breach of the laws and can be fined up to $5750 for each breach. You also need to report even if the worker doesn’t intend to make a claim.
Q. I don’t agree that my employee suffered a work-related injury. Do I still need to report it?
Yes. Regardless of your views on whether the employee suffered a work-related injury, if the situation fits the criteria above, it needs to be reported within 8 business days.
Q. I’m hesitant to notify my employee of their right to lodge a worker’s compensation claim as surely this will increase the chances of them claiming more than is necessary. Is there a way around this requirement?
The new legislation is clear on the requirement that an employer must notify a worker of their right to access worker’s compensation and provide them with the appropriate claim form, where the situation fits the above criteria. Employers who fail to follow the rules risk being penalised.
Industryus HR understands that these obligations are a further administrative burden on your business. If you need assistance with advice or administrative support for reporting an injury, we can manage these new obligations on your behalf. Call us on 07 5655 4047 for more info.