2.1.8.1 Incident notification

When a formal notification of a serious incident is received, WorkSafe's Claims Practices team will complete an initial triage and contact the managing Agent to request they initiate support.

By Action (within 24h of serious injury notification)
Agent*

Contact the employer with the purpose to establish circumstances and eligibility:

  • confirm injured person an employee (“worker” under WIRC Act)
  • confirm incident occurred in or out of the course of employment
  • confirm hospital injured worker transported to
  • obtain, where possible, contact information of the worker or their next of kin (family member) for the purposes of facilitating support and claim lodgement.

Enquire if it is appropriate to discuss wellbeing and support needs of other workers injured or may have been impacted by the incident (for example, those who witnessed the accident):

  • discuss immediate support needed such as trauma debriefing
  • alternatively, agree to call back at a set time/date.

See: Initial engagement

Note: the employer may wish to manage contact with worker/family; agent should ask the employer to relay a request to contact the worker/family.

Employer

Employers have an obligation under the OHS Act to notify WorkSafe as soon as they become aware of a fatal or serious incident.


If the employer is unsure, they can contact WorkSafe on 13 23 60.

Agent support role

Utilise an interpreter as required. Contact the worker or family member with the purpose of a brief introduction:

Agree to call back at a set time/day.

Agent support role As required, contact hospital patient liaison officer to assist with facilitating Imminent Risk of Death Guidelines including IB claim form lodgement and provision of relevant medical information
WorkSafe

If WorkSafe is prosecuting a duty holder for any breaches of OHS laws, the FLO becomes involved to support the delivery of legal decisions and any prosecution. The FLO will provide specialist support focused on facilitating engagement with the criminal justice system.

Depending on the matter the FLO will likely become involved 6-12 months after the date of incident.

*non-specific Agent role

2.1.8.2 Initial engagement

Within a week of the incident, initial engagement should build on earlier conversations with the worker/family member Family member means a partner, parent, grandparent, sibling or child of the worker or of the worker's partner, employer and hospital if required.

By Action
Agent*

Contact the employer to:

  • align support to worker/family
  • ensure incident reported to WSV under OHS obligations
  • ensure timely lodgement of claim form when received
  • provide relevant WorkSafe publications, for example "Introducing WorkSafe – a guide for injured workers fact sheet".

Discuss any impacts on other workers, particularly those who were also injured or witnessed the accident; they may be eligible to workers’ compensation, including provisional payments for a mental injury.

See: Provisional payments for a mental injury

Employer

The employer must forward claims to WorkSafe or their Agent within the legislated timeframes.

Agents should encourage employers to forward the claim as early as possible.

See: Employer forwards claim

Agent support role

Contact the worker or family member to offer a hospital/home visit to discuss support and entitlements.

If a hospital/home visit is not accepted, information should be provided over the phone.

Visits or discussions should focus on:

  • support and guidance for the worker and family’s emotional, financial and community needs
  • additional information about potential entitlements, claims process and next steps
  • help completing necessary forms.

See: Assistance to complete a claim form

Discretion should be applied as to the duration of contacts and volume of information provided; the worker/family member may be overwhelmed and distressed and require multiple visits/calls.

Follow up discussions with tailed information such as fact sheets and guides based on their needs.

Agent support role

Contact hospital patient liaison officer as required to advise of:

  • hospital visit arrangements with family (they may wish to join in or have questions for you)
  • Certificate of Capacity (medical certificate) requirements and provide a form, if needed
  • any authorisation to provide extended certificates.

See: Extended certificates

*non-specific Agent role

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