Employers' rights and responsibilities
You have specific obligations to assist a worker who is injured at work, and a responsibility to deal with their WorkSafe claim.
Before an injury occurs
- WorkSafe's 'If you are injured poster' must be displayed in each of your workplaces where it can be read by all workers, otherwise you could be liable for a penalty of up to $35,835. This poster is also available in ten other languages from your WorkSafe Agent.
- You must keep a Register of Injuries to track work-related injuries and illnesses.
- Example register of injuries
After an injury
- If an incident in the workplace causes or could have caused serious injury or death, you must notify WorkSafe on 13 23 60.
- When an injury or illness is recorded in the Register of Injuries, you must acknowledge this registration in writing to the injured worker concerned.
- If the injured worker has visited the doctor, the doctor may call you to discuss options to help the worker return to work as soon as safely possible.
- Stay in touch with the injured worker to assure them they haven’t been forgotten which can be beneficial to their recovery.
It is an offence for you to:
- Dismiss or threaten to dismiss an injured worker.
- Alter, or threaten to alter, an injured worker's position to their detriment.
- Treat an injured worker less favourably than another worker in relation to a promotion or reemployment.
After a claim
If a worker wishes to make a WorkSafe claim, you must complete the employer section of the Worker's Injury Claim Form and acknowledge the receipt of the claim in writing to the injured worker.
You must also complete an Employer's Injury Claim Report if you receive:
- A Worker's Injury Claim Form for weekly payments or medical and like expenses to the value of more than your employer excess.
- A Dependant's Claim for Compensation - Form.
Forward claim forms to your WorkSafe Agent within 10 days of receiving a claim from your worker.
Further information
Reimbursement of weekly payments
A worker’s weekly payments will normally be paid by their employer. You are entitled to request reimbursement of these payments from your WorkSafe Agent within three months of the payment to your worker.
The following form has been developed to help you ensure weekly payments for an injured worker are calculated by your WorkSafe Agent at the correct rate:
Previous injuries
- When hiring new employees, you can inform them in writing of the nature of the work they will be doing and ask if they have any pre-existing injuries or illnesses that may be affected by the work.
- A worker may be ineligible for compensation if you also inform them in writing that failing to notify you of a pre-existing injury or illness when requested could result in any recurrence, aggravation, acceleration, exacerbation or deterioration of that injury or illness not being compensated.
Returning to work
All employers also have an obligation to help their injured workers get back to work after an injury.
Health & Safety Representatives
Under the Occupational Health and Safety Act 2004, employers have a number of specific obligations to Health and Safety Representatives. These are explained in:
Read further information on elected health and safety representatives.
Other obligations
As an employer you must, so far as is reasonably practicable, provide and maintain a working environment that is safe and without risks to health.
