If you’re injured at work, it’s important to tell your employer immediately. They should provide first aid if it’s appropriate, and help you seek medical treatment.
If you are a government employee, your employer will report this incident and make a claim on your behalf.
For all other employees, your employer will need to notify EML (our claims partner) or their current insurer, of an injury or significant illness within 48 hours.
In the event that your employer hasn’t notified us of your injury, you or your representative (eg. family member, doctor) may notify us on your behalf. If you have any questions, you or your representative can contact EML, or your employer’s current insurer.
If you’ve had time off work and/or medical treatment, EML will contact you, your employer, and if necessary, your doctor to determine how best to support your recovery.
What you'll need to notify us of an injury
Whether you, your representative, or your employer, notifies EML of an injury, you’ll need to provide supporting information.
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 employer’s current insurer, for further information and advice.
Information you're required to provide
The following information is required when you notify EML of an injury:
- your name, address, contact telephone number and date of birth
- name and address of the company where you work
- date and time of the injury and description of the injury and details of how it happened
- name and contact details of someone where you work who will be able to discuss your injury (eg. human resources (HR) representative or business owner)
- date when you stopped work
- if you had time off work, and if medical treatment was required
Information you may provide if available
The following information is optional, and if available, may also be provided:
- details of any time off work
- date of the consultation with the doctor and a diagnosis
- date when the injury was reported to employer
- wage information including wages, overtime and allowances
- your employer’s Australian Business Number (ABN), or workers insurance policy number
- bank details where compensation payments are to be made if required
You may also need some of the following documents:
- NSW workers compensation 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. See below for more information on getting a NSW workers compensation certificate of capacity.
- Wage information: pay slips, pre-injury average weekly earnings (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
Getting a NSW workers compensation certificate of capacity
Your doctor provides this certificate and it is the main way in which your doctor communicates with everyone involved in your notification of your injury, or if liability has been determined, your claim.
In your certificate, your doctor should identify:
- your diagnosis and its relationship to employment
- medical treatment you need
- your capacity for any work (such as how much and what type of duties you can perform)
- if a referral to a workplace rehabilitation provider is needed
- any delays in your recovery
- details of previous related injuries
- expected return to work date
Your certificate should not cover a period of more than 28 days. In special circumstances, the insurer can agree to a longer period.
You should sign the consent section of the certificate of capacity to enable communication about your injury between your treating health practitioner/s, the insurer, your employer and any workplace rehabilitation provider.
You are also required to complete the declaration as to whether or not you have been engaged in any form of employment or in self-employment or voluntary work.
The worker declaration does not need to be completed by exempt workers.
It’s your responsibility to have a current certificate so you continue to receive any weekly payments and treatment services you are entitled to.
Time limits for notifying us of an injury
It’s important for you to notify your employer immediately of your injury or illness. There are exceptions which may apply should you be unable to contact your employer right away.
EML should be notified of an injury within a maximum of six months from the date of injury or accident.
However, a notification can be made for up to three years after the date of injury if it wasn’t made earlier due to a reasonable cause, such as ignorance, mistake or absence from the State.
If a notification relates to an injury resulting in death or serious and permanent disablement, the claim may still be made beyond the 3-year limitation if there is a reasonable cause for the delay.
There are special arrangements for cases where a worker is not aware of the injury at the time of the incident.
Special provisions apply for disease related injuries.
Contact the insurer for further advice or call the State Insurance Regulatory Authority (SIRA) customer experience team on 13 10 50 for more information.
If you have suffered an injury and your employer is uninsured, you can still notify us of an injury and then make a claim for workers compensation through our claims partner, EML.
To determine liability, we may conduct investigations and seek further information.
Investigations can help us determine that:
- you’re a worker as defined by the Workplace Injury Management and Workers Compensation Act 1998 (1998 Act)
- you were employed by the business you’ve identified as your employer
- the injury you’re notifying us of occurred while you were working for the nominated employer
- your employment is a major contributing factor to the injury
Normal benefits under the workers compensation legislation 1998 Act apply to claims under these conditions. There are heavy penalties for employers who fail to have a current workers insurance policy.
For further information contact us.
If you need to 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 a injury notification form below.
|Notify EML of an injury online||
Call: 13 77 22
7am - 7pm
Monday to Friday
(Closed on public holidays)
GPO Box 4143
How long does it take to complete online?
The time it takes to notify EML online will depend on your 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 also provide us with minimum information to notify us that an injury has occurred, and continue to provide information by phone later.
You’re required to comply with EML's requests for information within seven days. If you don’t respond within this time, the insurer may discontinue your weekly payments.
What happens after I submit the form?
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 you may need whilst liability is being determined and you’re unsure if you need pre-approval to access, please don’t hesitate to contact EML for further information.
Time frames 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.
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 their claims. If you’re unsure who may be looking after your claim, please feel free to contact EML for advice.
Who will see the information I provide online?
Information provided through the injury notification form is covered by the icare privacy statement.
Once you submit the online form, your information will be sent to EML and you’ll be sent an email confirming we have received your notification.
Do I use the online form if I'm a NSW Government employee?
If you’re employed by the NSW state government and have been injured at work, you’ll need to report your injury to your employer. This workers insurance process will be managed by your employer on your behalf.