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By Chris Nikolovski
When we talk about workers’ compensation, the focus is often understandably on the injured worker. But a workplace injury can affect more than one person.
For an employer, having a worker injured can mean losing a skilled and experienced member of the team, managing additional workloads and navigating the workers’ compensation and return-to-work process.
While the workers’ compensation insurer may cover payments to an injured worker while they are unable to work, the impact on an employer can extend beyond the worker’s wages.
What should an employer do when a worker is injured?
If an employee tells you they have suffered a workplace injury, it’s important to take the report seriously and act promptly.
Employers have obligations to report workplace injuries to their workers’ compensation insurer as soon as possible. In certain circumstances, serious workplace incidents may also need to be reported to SafeWork NSW.
Beyond these reporting obligations, the way an employer responds to an injury can make a significant difference.
Supporting an injured worker
It can be easy for an employer’s initial reaction to be defensive, particularly where they believe the workplace did nothing wrong or question the circumstances surrounding the injury.
However, taking a supportive and constructive approach is generally more productive.
The focus should be on:
• Making sure the worker receives appropriate medical attention
• Reporting the injury promptly
• Maintaining communication with the worker
• Understanding their capacity for work
• Supporting a safe and appropriate return to work
A workplace injury doesn’t necessarily mean an employee will be away from work indefinitely. Depending on their circumstances and medical capacity, they may be able to return to some duties while they recover.
The importance of return to work
For both the worker and the employer, the goal should ultimately be a safe return to work.
For the worker, returning to the workplace can provide financial, social and personal benefits. For the employer, it can mean retaining an experienced and skilled employee and helping the business continue to operate effectively.
A return-to-work plan should take the worker’s current capacity into account and may involve temporarily modifying their duties, hours or working environment.
It’s important for employers to approach this process carefully and ensure they understand their legal obligations throughout.
Employers have rights and responsibilities too
Workers’ compensation is designed to support injured workers, but employers also need to understand their own rights and responsibilities.
If you are an employer dealing with a workplace injury or workers’ compensation claim, obtaining legal advice early can help you understand your obligations, navigate the claims process and appropriately manage the return-to-work process.
At Nikolovski Lawyers, we assist employers and workers with workers’ compensation matters and can provide advice about your rights and obligations at every stage of the process.
