Injured at work


If you suffer an injury at work or get sick because of work the first step is to notify your employer. For less serious injuries, they may be able to provide adequate first aid. However, in more serious cases, it is essential you seek medical treatment and that your employer contacts SafeWork NSW immediately on 13 10 50. Your employer must also notify their insurer within 48 hours of the incident.

Who is the insurer?

Your employer must provide you with their insurer’s details. If they haven’t done this or you’re unable able to find information, call EML (icare’s appointed claims partner) on 13 77 22 for assistance. It is your employer’s responsibility to notify the insurer however you can also reach out to them directly. Once the incident is lodged, the insurer will contact you within three to seven days to discuss the next steps. You may need to provide information such as payslips and medical appointments. They will give you a reference number that you can quote to doctors or treatment providers.

Why do I need to see a doctor?

If you can’t return to your role within seven days of the incident, you need to nominate a doctor to manage your injury. This can be a GP or a specialist, the choice is yours. Your doctor will provide a certificate of capacity to your employer to send to the insurer. This certificate outlines your capacity to work and a recovery plan. It generally only covers a maximum period of 28 days. With reference to your recovery plan, speak to your employer about duties you could perform while recovering. Your employer is not allowed to dismiss you within six months of being ‘unfit‘ for work because of the injury.

Am I eligible for workers compensation?

If you need time off work because of your injury, you are eligible to make a workers compensation claim through your employer’s insurer. If successful, you will receive weekly payments and medical costs. You can also claim for domestic assistance and property damage.

How are weekly payments calculated?

Weekly payments are calculated based on your pre-injury average weekly earnings. The maximum amount is capped and is affected by how many hours you work or are capable of working each week. A higher rate is paid for the first 13 weeks, after which time the rate reduces. Weekly payments will begin within seven days of the insurer receiving your claim. To continue receiving weekly payments, you must have a current certificate of capacity. The weeks you claim do not need to be consecutive. For example, you might receive a week’s payment in January and two week’s payment in March.

Any exceptions?

If you’re a police officer, a firefighter, paramedic, coal miner, volunteer fire fighter or emergency and rescue services volunteer, your entitlements are different. Contact your employer’s insurer. If you’ve sustained an injury and are at or past retirement age, you will be entitled to weekly payments for a maximum of 12 months.