Employer's role

In New South Wales, employers have an important role in supporting the recovery of their worker following a workplace injury or illness.

An employer's responsibilities include

Notifying your insurer of all injuries or illnesses within 48 hours

Further information about how to do this is on the Notify of us of an injury or  make a claim page.

Providing suitable work as far as reasonably practicable

If a injured worker is not able to return to their usual duties immediately after sustaining an injury, an employer is obligated to identify suitable work in the workplace. Having meaningful work to do will assist your injured worker to remain engaged with the workplace.

If you require support with identifying appropriate duties, visit the Sourcing suitable duties page on the Mental Health Claims Hub, or if required discuss with your claims service provider whether a workplace rehabilitation provider could assist.

If you believe that there are no suitable duties available, please discuss this with your claims service provider. There may be financial implications for not providing suitable duties.

Participating in the worker's injury management plan

The injury management plan will identify goals and actions for all claims stakeholders to complete. Please refer to the Employer's Injury management planning page of the Mental Health Claims Hub for what, why and how an employer can assist and participate in a worker's injury management plan.

As an employer you should:

  • participate in the development of the plan
  • contact your claims service provider if you have any questions
  • undertake any actions assigned to you.

Developing a recover at work plan

All injured workers completing suitable duties require a recover at work plan.  

State Insurance Regulatory Authority (SIRA) Recover at Work Planning Tool

If you would like support with developing a recover at work plan, you can speak to your claims service provider about a referral to a workplace rehabilitation provider.

Nominating someone to manage any workers compensation and recover at work activities

  • Category 1 employers: this will be a return to work (RTW) coordinator.
  • Category 2 employers: nominate someone to manage any workers compensation and recovery at work activities.

Providing information for Pre-Injury Average Weekly Earnings (PIAWE)

In order to process wages for your injured worker, your claims service provider will need information about their preinjury average weekly earnings. This can be sent in two different ways.

Within five business days of initial notification, you and your injured worker can complete a PIAWE agreement and send this to your claims service provider for agreement.

Alternatively, you can complete a PIAWE form and provide 52 weeks worth of payslips to your claims service provider.

Visit the Calculating PIAWE page

Continuing to pay your injured workers wages as advised by your claims service provider

Your claims service provider will discuss with you what the PIAWE amount will be within the first seven days of the claim. You should continue to pay your injured worker unless you have discussed alternative options with your claims service provider.

Providing any information relevant to the liability decision (this may include participating in a factual investigation)

Occasionally a claims service provider may need further information in order to make a liability decision. This may include organising a factual investigation. A factual investigation involves the use of third-party service provider to conduct an investigation into the facts of the claim.

More information

Further information for employers about the workers compensation process and their responsibilities can be found on the SIRA website:

When a worker is injured: A workers compensation guide for employers

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