Employee Obligations for Workers' Compensation in NSW

What Employees Must Do After an Injury

In New South Wales, when an employee is injured at work, the first obligation is to report the injury to the employer as soon as possible. This must be done in writing or electronically within 7 days of the injury. Failure to report can delay claims and may be considered a breach of duty, potentially affecting compensation entitlements.

Providing Accurate Information

Employees must supply accurate details about the injury, including date, time, location, and circumstances. The information must be truthful; false statements can lead to investigation or denial of benefits. If the injury is severe enough to prevent the employee from continuing work, a medical certificate should be obtained promptly and submitted to the employer and the workers' compensation insurer.

Cooperating with Medical Assessments

Employees are required to attend all medically required appointments and follow the prescribed treatment plan. This includes attending physiotherapy sessions, taking prescribed medication, and adhering to any work restrictions or modified duties issued by a medical professional. Non‑compliance can result in the insurer reducing or cancelling payments.

Reporting Return to Work Arrangements

When an employee is ready to resume duties, they must inform their employer and provide any relevant medical documentation. If the employer offers a modified role or reduced hours, the employee must consider whether the arrangement aligns with medical advice and their own safety. Employees should also report any changes in health status that affect their ability to perform tasks.

Keeping Records and Communications

Maintaining a personal log of injuries, treatments, and communications with the employer or insurer is advised. This record can support claims if disputes arise. Employees should keep copies of all medical reports, invoices, and correspondence related to the injury.

Understanding the Rights to Compensation

Employees are entitled to a range of benefits under NSW law: medical expenses, wage replacement, and, in some cases, lump‑sum compensation for permanent impairment. While the law protects these rights, employees must meet their obligations—reporting, cooperation, and documentation—to ensure full entitlement.

When to Seek Legal Advice

If an employee feels their claim is being unfairly denied or delayed, they may consult a workers' compensation lawyer or a union representative. Legal advice can clarify whether the employer or insurer is meeting statutory duties and help navigate appeals or disputes.

Key Takeaways

• Report injuries within 7 days.
• Provide truthful, detailed information.
• Follow all medical advice and attend required appointments.
• Inform employer of return‑to‑work status.
• Keep thorough records.
• Seek legal counsel if disputes arise.