If you get injured at work, you may be able to seek compensation. Work injuries can include physical and psychological injuries. Whatever your injury is, you’ll first need to notify your employer that you’ve been hurt. How do you do that? In this article, we take a look at how to make a workplace injury report and what happens next.

What you need to do as an employee

Firstly, you should immediately notify your employer about your injury. This can be done verbally or in writing. You should include the relevant details about the injury including what it is, when and where it happened, as well as what caused the injury.

Notifying the insurer

Your employer then has 48 hours to notify the insurer about the injury. Again, notification can be also be in writing or verbally over the phone.

The insurer will need to be provided with detailed information including:

• your name and contact details
• your employer’s business name and contact details
• your doctor’s name and the medical centre or hospital
• details of the injury including a description of the injury, when the injury occurred, and how it happened.

Making a claim and the workers’ compensation certificate of incapacity

Before you make a formal claim for compensation, you’ll need to visit a doctor to receive a workers’ compensation certificate of incapacity. The form should be sent to the insurer within seven days. And it can be done either by you or your employer. It will then be up to the insurer to assess your claim and decide whether to accept it and commence payments, or to dispute your claim. The insurer has 21 days to assess your claim and determine liability.

What workers’ compensation payments can you expect?

Upon notification of the injury, the insurer may commence provisional payments before a decision on liability is made. Provisional payments include up to 12 weeks of payments for loss of income, as well as payments for reasonable medical treatment.

If your claim is accepted, then the insurer will advise you on the amount of your weekly payments. Weekly payment amounts are determined by a range of factors, including the severity of your injury, your capacity to work, your average weekly income prior to the injury and the amount of time you’ll need to take off work.

What happens if your claim is disputed?

Workers’ compensation claims don’t always run smoothly and sometimes claims are disputed by the insurer. In these instances, having a workplace injury lawyer on your side can make the difference between gaining your payments or not. An experienced workers’ compensation lawyer will be able to give you a realistic assessment of your chances for success and help you to progress your claim.

Employer negligence claims

If your injury was caused by the negligence of your employer, you may also be able to make a common law claim for compensation. Firstly, you’ll need to be able to prove that your injuries were caused by your employer’s negligence. You’ll also need to show that you’ve suffered significant injuries – at least 15 percent of the standard, known as ‘whole person impairment’. If successful, compensation is provided as a lump-sum payment. Again, an experienced compensation lawyer will be able to advise you on the merits of your case and the best way to proceed.

Talk to senior workplace injury lawyer

There are many things that an experienced workers’ compensation lawyer can help you with, including advising you on the procedure to make a claim, gathering the evidence you need to challenge a disputed claim, and representing you at the Workers’ Compensation Commission and in court. Our friendly team at NSW Compensation Lawyers can help you every step along the way. Contact us today on 02 9601 0088.