As an employer, what are my legal obligations?

Some non-negotiable obligations include having a workers comp policy and a return to work (RTW) program in place.

Employers have several legal obligations under NSW workers compensation and workplace rehabilitation laws. These include:


Workers Compensation Policy

Employers must maintain a valid workers compensation policy that covers all employees. The policy must be current and renewed as needed.

Letting your workers comp policy lapse can result in serious legal and financial consequences.

Injury Reporting

Any workplace injury must be reported to your workers compensation insurer within 48 hours. Failing to report injuries on time can lead to penalties, delayed claims processing, and potential legal ramifications.

Return to Work (RTW) Programs

Employers are legally required to assist injured workers in returning to work as part of their recovery process. This includes providing suitable duties that match the worker's physical and mental capacity while they recover.

Failure to offer these accommodations can result in penalties, increased insurance premiums, or legal action from injured workers.

Read our blog article for tips on how to implement a successful RTW program: Key Strategies for a Successful Return to Work Program.

Rehabilitation Support

Employers must actively engage in workplace rehabilitation by collaborating with rehabilitation professionals and insurers to develop and implement return to work (RTW) plans. These plans help injured workers recover and reintegrate into their roles.

Record Keeping

Employers must maintain detailed records of workplace injuries, claims, and actions taken to support injured workers. Inadequate record-keeping can lead to penalties, particularly during audits.