As an employer, you need to notify the insurer within 48 hours of becoming aware of a work related injury or illness.
When you receive a notification of a workplace injury, there are some things you must do as an employer, including:
- provide first aid and make sure the injured person gets the right care
- notify EML, our claims service provider, or your insurer, of any injury or illness within 48 hours
- record the injury in the register of injuries
- maintain contact with your employee and support the injured person to recover at work
If it is a notifiable incident, you must also notify SafeWork NSW.
Notifying SafeWork NSW of an injury
If a notifiable incident occurs, you must notify SafeWork NSW immediately on 13 10 50.
A ‘notifiable incident’ under the work health and safety legislation relates to:
- the death of a person
- a serious injury or illness of a person
- a dangerous incident
Significant penalties apply if you fail to notify an incident.
SafeWork NSW may need to conduct an urgent investigation and may be required to preserve the incident site until an inspector attends.
SafeWork NSW have a notifying fact sheet with more information about what constitutes a serious injury or illness or a dangerous incident.
You may be able to access counselling and support through SafeWork NSW for those affected by a notifiable incident.
In the event of a fatality
If there is a fatality at work, we’ll need to provide support and information. To find out more, please read more about fatalities at work.
Notifying EML, our claims partner
A worker should notify you as soon as possible after an injury. Following that, a description of the injury should be entered in your register of injuries, and you should notify EML, our appointed claims partner, or your current insurer.
If you don’t report the injury within 48 hours of becoming aware of the injury, you may be required to pay a ‘claims excess payment’ which is equivalent to one week of the worker’s weekly payments.
Once reported, EML or your insurer will provide you with an injury notification number (sometimes referred to as a claim number).
What you’ll need to notify us of an injury
We understand you may not have all information required to notify EML of an injury, but the more information you provide, the sooner we can determine the right level of support for you.
If in doubt, you can always call EML on 13 77 22, or your current insurer, for further information and advice.
Information you’re required to provide
When you notify EML or your current insurer of an injury, you’ll need to provide the following information:
- the worker’s name, address, contact telephone number
- name and address of your company
- name of the treating doctor and contact telephone number or name of the hospital (if applicable)
- date and time of the injury and description of the injury and details of how it happened
- name and contact details of the person making the notification and their relationship to the worker
- date when the worker stopped work
- if the worker had time off work, and if medical treatment was required
Optional information you may need to provide
The following information, if available, may also be provided at the time of notification:
- the worker’s date of birth
- details of any time off work
- knowledge of the injured person’s capacity to recover at work and expected return to work date
- a copy of the return to work plan which details your ability to support your worker to recover at work in suitable employment
- the business ABN or workers insurance policy number, and employer’s contact details
- a pre-injury average weekly earnings (PIAWE) form for the injured person
You may also need some of the following documents:
- A certificate of capacity - this is a certificate completed by your treating doctor which provides medical evidence regarding the injury or illness you sustained as a result of your employment
- Wage information: pay slips, PIAWE form (see below), wage reimbursements
- Medical information: medical reports, referral letters, x-rays and scans, medical reimbursement receipts
- Other documents: return to work plans, outstanding invoices
Ways to notify and contact EML
You can notify EML of an injury online, phone, email, or post. If you email or post an injury notification, you can download an injury notification form below.
Call 13 77 22
7am to 7pm
Monday to Friday
Notifications, claims, and general enquiries
(Closed on public holidays)
|firstname.lastname@example.org||GPO Box 4143
Your register of injuries
Even if an injury doesn’t result in a workers compensation claim, you need to keep a record of what happened. This is called a register of injuries. The register of injuries must be kept in a readily accessible place in the workplace.
We also recommend recording ‘near misses’ as a means of injury prevention. While this is not required under the legislation, it’s considered best practice for worker health and safety.
The register of injuries must include the following details of each injury:
- name of the injured worker
- the worker's address
- the worker's age at the time of injury
- the worker's occupation at the time of injury
- the industry in which the worker was engaged at the time of injury
- the time and date of injury
- the nature of the injury
- the cause of the injury
The register of injuries can be kept in writing or on a computer. A record of each notifiable incident must also be kept.
There are penalties for failing to keep a register of injuries.
If you have an existing claim
If you have an existing claim, there’s some information you’ll need:
- CGU and QBE will exit the icare workers insurance scheme. CGU and QBE existing claims (claims notified up to and including 31 December that are ongoing) will transfer to GIO for continued management
- Allianz will continue to manage existing claims from 1 January 2018
- From 1 January 2018, EML is the appointed claims service provider for icare for claims management under the icare workers insurance scheme
How long does it take to complete EML’s online form?
The time it takes to complete EML’s online form will depend on the injured person’s circumstances, and the amount of information you need to provide.
Generally speaking, a simple injury notification will take around 10 minutes. If you have a lot of information to provide, including documents to upload, please allow around 20-30 minutes to complete the process.
You have a maximum of two hours to complete the form, after which, the session will time out and your information will be submitted.
If you’re short on time, you can notify us online that an injury has occurred, and continue to provide EML information by phone later.
What happens after I submit the form to EML?
Please note that notifying EML of an injury does not automatically confirm liability, however, once you submit the form, we’ll have enough information to provide provisional support while liability is being determined.
Provisional support may entitle the injured person to weekly compensation payments for up to 12 weeks, as well as medical treatment of up to $7500 in total.
If there are services the injured person may need whilst liability is being determined and you’re unsure if pre-approval is required, please don’t hesitate to contact EML for further information.
Update an existing notification or claim a reimbursement online
If you’ve already notified EML of an injury and have an injury notification number or an EML claim number, you can update us online by providing additional documents.
If you have an existing claim with another agent (eg. Allianz or GIO), please continue to provide updates to them.
EML does not have access to records for other agents, and will be unable to support you with this.
Who will see the information I provide online to EML?
Information provided through the injury notification form is covered by the icare privacy statement.
Once you submit the form, your information will be sent to EML. We’ll send an email receipt to the nominated email addresses.
Timeframes for EML to assess the information you provide
Within three business days of reporting an injury, an EML team member will have reviewed the information provided, and will call the injured person and the employer, as required, to find out more about the injured person’s progress, the injury, or if possible, provide an outcome on any information that’s been given.
Within seven business days a full assessment will have occurred. In most cases, liability will have been determined and the injured person will receive confirmation of the level of support available relative to the assessment. EML will contact the injured person and employer at this time.
Further information about injury notification
Action you should take following an injury
Following an injury, there are certain things you can do to support the injured person through their injury and recovery at work.
The icare Injury Management Group provides information on how icare and its claims service partners will work with you, injured persons and other key stakeholders to achieve a safe and durable recovery at work, and manage the care and support for those unable to return to the workplace both in the short or long term.
Keep in touch
Staying in close contact with an injured worker can be mutually beneficial for both parties.
Keeping them in the loop with what’s happening at work may help them stay connected and reduce the risk of isolation and other side effects of being unable to work.
Staying informed of their recovery can also help your business more effectively plan for their return to work.
It’s important to reassure the injured person that they are missed and that you are there to support their recovery.
If it’s appropriate, encourage their team members to phone, email, visit or text. Positive and considerate contact can help people recover and get back to work more quickly.
Address and resolve any issues
Recovery can be influenced by other issues within the workplace (such as conflict with a co-worker) or at home (such as transport difficulties).
These can be barriers to returning to or recovering at work.
If it’s appropriate, consider addressing or resolving any issues which may deter the injured person from returning to work. The more supportive the workplace, the better the chance of the injured person recovering at work quickly.
Talk about the return to work plan
It’s important to let the injured person know early on how you’ll support them and what you’ll do to help them recover at work.
A return to work plan is one way of supporting recovery at work. The return to work plan is completed by the employer in consultation with the worker and the worker’s supervisor (if applicable), taking into account medical information provided by the nominated treating doctor and any other treatment providers.Having this plan will mean all parties are working together to support the injured person’s recovery.
Make contact with the treating doctor
An injured person must choose a nominated treating doctor (NTD) in order to receive compensation payments.
Even if you have a preferred doctor or a medical practice located nearby, workers have the right to make their own decision about where they wish to receive their treatment and the doctor that provides their treatment.
Early contact with the doctor demonstrates your commitment to your worker’s/ employee’s recovery and provides you with an opportunity to discuss their normal duties and the availability of other suitable duties.
If you are unable to make contact immediately, leave your details with the medical practice and make sure you are easily contactable.
Consider sending an email to the doctor with information about the nature of your business, the availability of duties the injured person may be able to perform whilst recovering, and your contact details.