If you’re injured on the job, the last thing you might feel like doing is paperwork – but failing to report the incident or injury immediately to your employer, preferably in writing, can have serious consequences, explains Compensation Law Senior Associate Henry Garrett.
An incident report isn’t just a routine formality; it’s the foundation of your workers’ compensation claim, your access to treatment, and your ability to secure financial support while you recover from a workplace injury.
If the circumstances of an injury are not adequately documented, insurers like WorkCover can use it to deny your claim. So, why is reporting an injury immediately so critical? Let’s break it down.
What is an Incident Report?
An incident report is a formal record that documents workplace accidents, injuries, illnesses, or near-misses. It typically includes the incident’s time, date, location, and details of what happened, and information about the individuals involved. Signed off by a supervisor or safety officer, this document serves two essential purposes:
- Supporting employees – ensuring injured employees can access treatment, support and compensation.
- Protecting employees and employers – helping businesses track and mitigate workplace hazards to prevent future injuries or incidents.
Why are Incident Reports so important?
Employers are legally required to maintain a safe workplace for their employees and must document all incidents. Despite the necessity, many employers fail to do so.
By law, serious incidents must be reported to Workplace Health and Safety authorities within strict timeframes. Failure to document and rectify workplace hazards can lead to severe penalties, not to mention reputational damage to the business.
In the recent case involving Drake Trailers Pty Ltd, the serious consequences of failing to document and report workplace incidents and implement the appropriate safeguards to reduce the risk of future incidents were demonstrated.
In this case, a worker sustained a serious ankle fracture after being hit by a reversing forklift in an area with no clear pedestrian safety measures. The company had not implemented necessary safety improvements to prevent future incidents despite a previous forklift-related incident at the site years earlier.
Workplace Health and Safety Queensland prosecuted the company for breaching its duty of care under the Work Health and Safety Act 2011, resulting in a $75,000 fine and a recorded conviction.
This case demonstrates that neglecting to document and address workplace hazards properly doesn’t just put workers at risk – it can also result in severe financial and legal repercussions for businesses.
What happens if you don’t report your workplace injury?
Failing to document your injury promptly can jeopardize your compensation claim should you need to pursue compensation for the treatment you need and financial security while you are unable to work.
WorkCover often looks for inconsistencies and delays in reporting as a reason to reject claims. If there’s any uncertainty about when, where, or how the injury occurred, they will likely deny the claim and force workers into a lengthy appeals process.
We recently assisted a Queensland truck driver who sustained a serious back injury from driving on a mine site riddled with deep potholes. Despite experiencing repeated jolts and impacts, he continued working and failed to report the issue.
Over time, his back pain increased, and health deteriorated, and when he finally made a WorkCover claim, he faced immediate resistance due to the delay in reporting the issue.
WorkCover initially rejected his claim, arguing that there was no clear record of when the injury occurred. We fought on his behalf and successfully appealed to the regulator, securing compensation and treatment.
Where there is any ambiguity about how or when a workplace injury occurred, WorkCover claims officers are trained to deny the claim, often forcing injured workers to seek a review by the regulator. This process can add unnecessary stress and delay access to essential treatment, prolonging recovery and impacting the worker’s wellbeing.
Read more: Dealing with WorkCover: next steps if your claim is rejected or payments cease
Key takeaways for injured workers
If you’re injured at work, follow these steps to protect your rights and ensure you have access to the treatment and compensation you deserve:
- Report the incident immediately – preferably on the same day.
- Ensure the report is in writing – verbal reports are easily disputed.
- Seek medical attention as soon as possible – see your GP or visit the hospital for a proper assessment and make sure you provide accurate details as to how the work injury happened.
- Follow up with your employer – confirm your employer has recorded the incident correctly.
- Document all key details and keep a diary – include dates, witnesses, and specifics about how the injury occurred.
- Seek legal advice – workplace injuries can impact your livelihood, and you may be entitled to multiple types of compensation, including WorkCover benefits, Common Law claims, and TPD or Superannuation benefits.
Attwood Marshall Lawyers – helping injured workers access the treatment and compensation they are entitled to
At Attwood Marshall Lawyers, we specialize in helping injured workers navigate the complex workers’ compensation process. Whether you need assistance with your claim, or to appeal a rejection, and understand your entitlements, we’re here to ensure you get the support you need to recover and return to work.
Contact our Compensation Law Department Manager Tyra Hall on direct line 07 5506 8261, email thall@attwoodmarshall.com.au or call our 24/7 phone line on 1800 621 071 to find out where you stand.
You can meet with our Compensation Lawyers at any of our conveniently located offices at Coolangatta, Robina Town Centre, Kingscliff, Brisbane, Sydney, and Melbourne. Book online now.
