The ultimate workplace injury guide for small businesses

Responsibilities of an employer in the event of a workplace injury

Employers hold a legal and moral duty to create a safe working environment. If an injury occurs, your responsibilities include:

1. Providing immediate assistance: Offer first aid and ensure the injured employee receives medical attention immediately. This includes having a well-stocked first aid kit and trained first aid personnel on-site.
2. Documenting the incident: Maintain accurate records of the injury, including how it happened when it occurred, and any contributing factors. Detailed documentation is crucial for insurance claims and compliance with occupational health and safety (OHS) laws.
3. Reporting the injury: Notify the relevant authorities, such as WorkSafe Victoria, if the injury is notifiable. Notifiable incidents typically include serious injuries, dangerous occurrences, or fatalities.
4. Supporting the injured employee: Facilitate their recovery by cooperating with medical professionals and developing a return-to-work plan tailored to their needs and abilities.
5. Preventing future incidents: Investigate the root cause of the injury and implement measures to prevent recurrence. This might involve updating safety protocols, providing additional training, or modifying the work environment.

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Actions to take when an injury occurs in the workplace

When a workplace injury happens, acting swiftly and decisively is essential. Here's what to do:

1. Ensure safety: Ensure that the injured employee and others are safe from further harm. Stop any ongoing hazards by shutting down equipment or clearing the area.
2. Provide first aid: Administer or arrange first aid for the injured employee. Having staff trained in first aid can make a significant difference in managing the situation effectively.
3. Call emergency services if needed: Contact emergency services immediately for serious injuries. Provide precise details about the injury and follow instructions from medical professionals.
4. Inform a supervisor: Notify the appropriate supervisor or manager about the incident. This ensures that the situation is escalated appropriately and that necessary steps are taken.
5. Record the incident: Use an incident report form to document the details comprehensively. Include witness statements, photos, and any other evidence that might be relevant.
6. Follow up: Check the injured employee's condition and ensure they can access additional medical care if required.

What to do if your employee is injured at work

If your employee sustains an injury at work, follow these steps to manage the situation:

1. Encourage medical attention: Ensure the employee receives treatment, whether from a first-aider, GP, or hospital. Delayed treatment can worsen injuries and prolong recovery.
2. Document the injury: Record the nature and circumstances in the workplace injury register. Include details such as the time, location, and witnesses.
3. Lodge a WorkCover claim: Assist the employee in lodging a claim if the injury requires time off or ongoing medical treatment. Provide all necessary forms and guidance.
4. Communicate regularly: Stay in touch with the injured employee to offer support and gather updates on their recovery. Open communication helps build trust and ensures a smooth process.
5. Develop a return-to-work plan: Collaborate with medical professionals to create a structured plan for the employee's return to work. Tailor the plan to accommodate their recovery needs, such as light duties or modified hours.
6. Review safety procedures: Use the incident to reassess and improve workplace safety measures.

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How to report a workplace injury

Reporting a workplace injury involves these steps:

1. Notify WorkSafe Victoria: If the injury is serious or fatal, report it to WorkSafe within 48 hours. This includes incidents involving hospitalisation, amputations, or permanent injuries.
2. Complete a WorkCover claim form: Provide the injured employee with the form and help them complete it accurately. Ensure all details are correct to avoid delays in processing.
3. Submit the claim form: Lodge the completed form with your insurer and WorkSafe Victoria. Keep a copy for your records.
4. Cooperate with investigators: If WorkSafe conducts an investigation, provide all necessary information and documentation.
5. Maintain records: Keep copies of all reports, forms, and correspondence related to the incident. These records are essential for legal compliance and future reference.

What is considered a workplace injury?

A workplace injury includes any physical or psychological harm an employee sustained during work. Examples include:

• Physical injuries: Slips, trips, and falls; cuts or lacerations; burns; or repetitive strain injuries.
• Psychological injuries: Stress, anxiety, or trauma caused by work conditions, bullying, or harassment.
• Exposure-related injuries: Illnesses caused by exposure to hazardous substances, such as chemicals or asbestos.
• Injuries during work-related travel: Accidents or injuries that occur while commuting or attending off-site meetings.

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What should a supervisor do when an injury is reported first?

The first step for a supervisor is to assess the situation and prioritise safety. This involves:

1. Ensuring the injured employee receives immediate care: First aid or medical assistance should be provided as required. Time is critical, especially for severe injuries.
2. Securing the area: Prevent further injuries by addressing the hazard and keeping the area safe. This might involve cordoning off the area or shutting down equipment.
3. Gathering details: Speak with the injured employee and witnesses to understand what happened. Collect as much information as possible while the incident is fresh.
4. Recording the incident: Begin documenting the injury and circumstances for formal reporting. Use a standardised form to ensure consistency.
5. Notifying higher management: Escalate the issue to relevant stakeholders to initiate further actions.

How to handle non-work-related injuries

If an employee suffers a non-work-related injury, your obligations differ. While you're not responsible for medical expenses or reporting the injury to WorkSafe, you still support the employee. This includes:

1. Providing reasonable adjustments: Offer modified duties or flexible hours to accommodate their recovery. For example, reduce physical demands or allow remote work if feasible.
2. Complying with anti-discrimination laws: Ensure your actions do not disadvantage the employee due to their condition. Treat them fairly and equally.
3. Documenting changes: Keep records of adjustments made to the employee's role or work environment. Transparency is crucial.
4. Monitoring progress: Regularly check in with the employee to ensure effective adjustments and address any concerns.

WorkCover employer obligations in Victoria

In Victoria, employers must:

1. Maintain a WorkCover insurance policy: Ensure your policy is current and appropriate for your business. This protects both employees and your business in case of workplace injuries.
2. Provide claim forms: Supply injured employees with WorkCover claim forms promptly. Delays in providing forms can lead to penalties.
3. Submit claims: Lodge completed claims with your insurer and WorkSafe Victoria within 10 days. Timely submission is critical for compliance.
4. Develop a return-to-work plan: Assist the injured employee in returning to work as they recover. Tailor the plan to their specific needs.
5. Prevent injuries: Improve workplace safety and comply with occupational health and safety (OHS) regulations. Regular safety audits and employee training can help.

Employees' return-to-work obligations

An injured employee has responsibilities, too. They must:

1. Follow medical advice: Adhere to the treatment plan their healthcare provider recommends. Compliance with medical advice ensures a smooth recovery.
2. Please communicate with the employer: Provide updates on their recovery and expected return-to-work timeline. Transparent communication fosters collaboration.
3. Participate in the return-to-work plan: Work with their employer to transition back into their role, including light duties if required. Active participation is key to successful reintegration.
4. Provide certificates: Submit medical certificates confirming their fitness for work. This documentation is necessary for compliance.

How long can you be on light duties at work?

The duration an employee can remain on light duties depends on their recovery and medical advice. Typically:

1. Short-term adjustments: Light duties may last a few weeks as the employee recovers from minor injuries.
2. Long-term accommodations: For more serious injuries, light duties might continue for months, with periodic reviews by medical professionals.
3. Ongoing reviews: Regularly assess the employee's progress and adjust responsibilities as needed. Monitor their condition to ensure they are not overexerted.
4. Consult professionals: Seek input from healthcare providers and rehabilitation specialists to ensure the responsibilities align with the employee's capabilities. Document any changes to the plan.

Key takeaways

Handling workplace injuries can be challenging, but following these guidelines will help you manage the process effectively. You can support your employees and safeguard your business by prioritising safety, maintaining clear communication, and adhering to legal obligations. A proactive approach to workplace safety and injury management protects your team and strengthens your business's reputation and operational resilience.