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Understanding Your Obligations

 

What are an employer’s obligations?

Both you and your employees have responsibilities in relation to safety and injury management in the workplace.

As an employer, you must maintain a readily accessible register of injuries for all incidents, accidents and near misses and make sure all employees are aware of it.

When an injury occurs

Following an injury an employer must:

  • attend to your employee as soon as possible, ensuring they receive medical treatment if required
  • notify CGU within 48 hours
  • complete your register of injuries as soon as possible
  •  work with CGU to develop an injury management plan for the injured worker 
  • implement and monitor a return to work plan for the injured worker 
  • not dismiss an injured worker within six months of the worker becoming unfit as a result of a work injury.

Making a claim

Once a notification of injury form is completed an employer must:

  • forward it to CGU within five days of receipt in order to have your excess waived
  • forward relevant medical certificates as soon as possible.

Employers also have a number of obligations relating to workplace health and safety. For more information refer to the Services section.

An injured worker’s obligations

An injured worker must:

  • notify their employer of any injury or illness within 30 days of becoming aware of it
  • make a workers compensation claim (including providing a WorkCover medical certificate) in order to receive payment for medical expenses and time lost due to medical appointments
  • nominate their own treating doctor, usually a GP who agrees to participate in the planning of their return to the workforce  
  • actively participate in treatment and planning their return to work 
  • participate in assessments to determine their capacity, rehabilitation progress and future employment prospects 
  • make every reasonable effort to return to work in suitable employment
  • notify their employer within seven days if they are receiving workers compensation payments and start working for another employer or start their own business.

If they don’t meet these obligations, their entitlement to weekly payments and medical and other expenses may be affected.

More information regarding employer obligations with WorkCover claims, or copies of any posters, can be found at the WorkCover NSW website.

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