Overview
How this affects your claim in practice
An employer refusing or failing to report an injury does not stop the worker from notifying the workers compensation insurer directly. Put the report in writing, ask for the insurer details, provide the insurer with the injury and medical information, and keep the acknowledgment or claim reference.
The employer generally must notify its insurer within 48 hours after becoming aware of a workplace injury. That duty is separate from whether the insurer ultimately accepts liability. If the employer disputes the event, its account becomes evidence for the insurer; it does not give the employer a veto over the claim.
- Create written proof that the employer was told, even if the first report was verbal.
- Ask for the insurer name and notify the insurer directly if necessary.
- Keep a Certificate of Capacity, first medical history and wage records.
- Treat refusal to report, an uninsured employer and a formal insurer denial as three different problems.
Practical review
What to check in this situation
- Distinguish an employer reporting failure from an insurer liability decision.
- Identify the legal employer and policy where a labour-hire, franchise, contractor or related-company arrangement is involved.
- Preserve any instruction not to report, to use leave or to describe the event inaccurately.
Records that may help
Keep the written injury report, register request, employer response, Certificate of Capacity, employment and wage records, insurer contact log and any claim form.
Next procedural step
Notify the insurer directly and seek help identifying the policy or uninsured-employer route if the employer will not provide it.
The employer's 48-hour notification duty
Section 44 of the Workplace Injury Management and Workers Compensation Act 1998 requires an employer to notify the insurer or Nominal Insurer within 48 hours after becoming aware that a worker has received a workplace injury. SIRA states that the reporting timeframe did not change on 1 July 2026.
The employer should also keep an injury register and make insurer information available to workers. A manager saying the event was minor, disputing that it happened at work or asking the worker to wait does not change the worker's ability to create a written report and contact the insurer.
How the worker can notify the insurer directly
Section 266 and Part 1 of the 2026 Guidelines allow the initial notification to come from the worker, employer or another person acting for them. It can be made in writing or by phone. Supply the worker's contact details, employer details, treating doctor if known, date or symptom period, how the injury happened, treatment need and any incapacity or wage loss.
Ask the insurer for a notification or claim reference and written confirmation of what was received. If the employer will not identify the insurer, SIRA or IRO can assist. Some private-sector claims may be lodged through icare, while self-insurers and specialised insurers use their own arrangements.
Practical steps when the employer refuses or does nothing
- Send a concise email stating when the injury happened or developed, how it relates to work and who was told earlier.
- Ask for an entry in the register of injuries and request a copy or confirmation.
- Obtain a current Certificate of Capacity if work ability or wage loss is affected.
- Ask for the employer's insurer name and policy or claim contact details.
- Notify the insurer directly and record the date, method, recipient and reference number.
- Keep payslips, roster records, task instructions and medical records showing the employment and injury chronology.
Identify which problem you actually have
| Problem | What it means | Next record to obtain |
|---|---|---|
| Employer has not forwarded the report | The insurer may not yet know about the injury. | Direct insurer acknowledgment and claim reference. |
| Employer disputes the event or work connection | This is evidence for the insurer; it is not necessarily the insurer's formal liability decision. | Employer account, incident material and insurer decision. |
| Employer appears uninsured | A statutory uninsured-employer pathway may need to be used. | Legal employer identity, wage proof and icare contact record. |
| Insurer has issued a denial | A formal decision must be answered by addressing its stated reasons. | Complete section 78 notice and every report relied on. |
If the employer has no insurance or cannot identify the policy
A worker may still make a claim where the employer did not hold required workers compensation insurance. IRO explains that uninsured-employer claims are managed through icare and may involve investigation of the legal employer, worker status, insurance position, injury and work contribution.
Do not assume that the trading name on a shopfront or app is the legal employer. Preserve contracts, payslips, bank payments, PAYG records, rosters, site induction records and messages showing who engaged, paid and directed the work.
Pressure, retaliation and the employment-law boundary
Keep any message telling the worker not to report, to describe the incident differently or to use leave instead of making a claim. Do not secretly alter records or sign a statement that is inaccurate. A compensation claim, dismissal, adverse action, discrimination and workplace-safety complaint can involve different laws and short time limits.
This page does not decide an employment-law claim. If hours are removed, employment ends or threats are made after reporting, preserve the chronology and obtain advice about the correct forum without delaying the workers compensation notification.
A separate post-1 July 2026 rule may apply to some psychological claims
A primary psychological injury caused by bullying, sexual harassment, racial harassment or excessive work demands may fall within the new relevant-injury process if notified on or after 1 July 2026. The ordinary Part 1 notification and Part 2 provisional-liability provisions in the Guidelines do not apply identically to those claims.
A physical injury, a primary psychological injury and psychological symptoms secondary to a physical injury should not be combined into one generic report. Identify each condition and seek current advice if the claim involves relevant conduct. This guide excludes exempt and specialist schemes.
Illustrative example
A kitchen worker reports a lifting injury to the shift manager, but no claim reference arrives and the manager says the worker was casual and should not make a claim. The worker sends a dated email confirming the event, obtains a Certificate of Capacity, uses payslips and rosters to identify the employment, then contacts the insurer directly. Those steps create evidence and start insurer contact; they do not guarantee liability. The example is illustrative only.
Official sources
Sources are listed for transparency. This guide is general information only and is not legal advice.
Frequently asked questions
Can my employer refuse to let me make a workers compensation claim?
The employer can give its factual account, but it cannot prevent the worker from notifying the insurer directly. The insurer determines liability subject to review and dispute rights.
What if I do not know who the insurer is?
Ask the employer in writing and check any workplace insurance notice. SIRA or IRO may assist with identifying the correct route. Keep proof of the attempts rather than guessing an insurer.
What if the employer says I am a contractor?
A label is not always decisive. Worker or deemed-worker status depends on the legal and practical relationship. Preserve contracts, invoices, payslips, control arrangements, equipment and roster evidence.
Can IRO report the injury for me?
IRO can assist with an enquiry or complaint and explain options. The worker or representative should still ensure the correct insurer receives the injury and claim information and keep proof of lodgement.
Has the employer failed to pass on your injury report?
Provide the written report, employer response, Certificate of Capacity, wage records and any insurer contact. We can identify the correct claim route and assess whether ILARS-funded legal assistance may be available, subject to eligibility, merits and IRO approval.