Practical review
What to check in this situation
- Distinguish a factual interview, document request, surveillance and independent medical examination.
- Ask what issue is being investigated and avoid speculation where a date or detail is not remembered.
- Read every page of a statement, mark corrections and keep the final signed copy.
Records that may help
Preserve the incident chronology, employer reports, medical history, rosters, messages, CCTV requests and the investigator's correspondence.
Next procedural step
When the insurer decides the claim, compare its reasons with the actual investigation material relied on.
What this document or stage means
Keep the written request, identify the issue being investigated and check every proposed statement before it is signed. A factual investigation should be used only when the information cannot reasonably be obtained by less intrusive means.
Who prepares or controls it
- The insurer controls the liability investigation and may obtain employer records, medical material and witness accounts.
- An external factual investigator may be engaged to interview the worker or witnesses and prepare a report for the insurer.
- The investigator gathers information. The insurer remains responsible for the liability or benefit decision.
Why it is part of the claim
- The initial notification or claim leaves a genuine gap about the event, employment connection, chronology or alleged injury.
- The employer and worker give materially different accounts, or a witness, roster, CCTV record or incident report needs to be checked.
- The insurer is considering a liability decision and says it needs information that is not available from the claim documents.
What to check
Identity and authority
Check the investigator’s name, organisation, insurer instruction and contact details. Ask what issue the interview or document request is intended to address.
Scope of the questions
Questions should relate to the claim. Separate factual questions about the event and duties from medical opinion, which belongs with qualified health practitioners.
Interview record or statement
Read every page, date, quotation and correction before signing. Ask for a copy of the statement, transcript or recording and note any qualification that was omitted.
Documents and assumptions
Check whether the investigator has the correct job description, roster, incident report and chronology. A report can be misleading if it starts from an incomplete employer account.
Mistakes or gaps to look for
- Incorrect dates, shift times, job titles or descriptions of the physical task.
- A paraphrase presented as the worker’s exact words, or a qualification left out of a statement.
- A conclusion about diagnosis or medical causation made by a factual investigator.
- Missing witnesses, CCTV, messages, safety records or earlier complaints that do not support the employer’s account.
- An assertion that participation is compulsory without identifying the legal basis or consequences.
Evidence to keep
- The first injury report, claim form if used, Certificate of Capacity and insurer acknowledgement.
- Rosters, timesheets, task instructions, training records, photographs, messages and witness contact details.
- A copy of the investigator’s appointment notice, questions, signed statement, recording or transcript.
- Written requests to preserve CCTV, access logs, vehicle data or other records that may be overwritten.
- A dated note of each call, interview length, attendees and any correction requested.
What happens next
- The insurer may accept liability, begin or continue provisional payments, ask a focused follow-up question or issue a section 78 decision notice.
- If a report is inaccurate, correct the factual error in writing and attach the record that supports the correction.
- If liability is disputed, respond to each stated reason rather than sending an undirected bundle of documents.
Timing and deadlines
- For an ordinary claim, provisional weekly payment obligations can arise within seven calendar days after a valid initial notification. An investigation does not automatically suspend those rules.
- Provisional liability, a formal claim and a relevant-conduct psychological injury use different decision periods. Check the notice and claim type before relying on one deadline.
- SIRA Standard S24 sets practical time standards for notification, interview length and providing a statement or transcript. The legal effect of delay still depends on the particular claim.
When legal advice may be useful
- Advice may be useful before a recorded interview, where the employer account is disputed or where the questions extend beyond the identified issue.
- A lawyer can help compare the investigation report with the insurer’s later reasons and decide whether a correction, internal review or PIC application is appropriate.
Illustrative example
Illustration: a disputed manual-handling account
A warehouse worker reports a back injury while moving an unstable load. The investigator’s draft says the worker lifted alone contrary to instructions, but the roster and dispatch messages show the supervisor directed the worker to clear the load before the next truck arrived.
- Correct the draft before signing and identify the precise messages and roster entry.
- Ask for the supervisor and nearby worker to be interviewed.
- Keep the load record, training material and any CCTV preservation request.
Common questions
Do I have to sign an investigator’s statement immediately?
No statement should be signed until it has been read carefully and corrections have been made. Whether participation can be required, and the consequences of refusing a particular request, depend on the legal basis and circumstances.
Can the investigator decide that my injury is not work related?
No. The investigator can report factual material to the insurer. The insurer makes the claim decision, and medical causation ordinarily requires medical evidence.
Should I receive a copy of my interview record?
SIRA Standard S24 expects the worker to receive the statement or transcript within the stated service standard. Ask in writing and retain the request if it is not supplied.
Does an investigation stop provisional payments?
Not automatically. The insurer must still apply the legislation and current Guidelines to the particular notification or claim.
Need help checking a claim document?
Send the decision, report or plan with a short explanation of what has changed. We can assess the dispute and whether an ILARS funding application may be available, subject to eligibility, merits and IRO approval.
Related claim and dispute guides
Legal service provider
NSW workers compensation help from Stephen Young Lawyers
NSW Work Injury Claim is the workers compensation service of Stephen Young Lawyers. Stephen Young Lawyers provides the legal service. Stephen Young Lawyers.
Stephen Young Lawyers was established in 2012. The firm is led by Stephen Young, Principal Solicitor and Accredited Specialist in Personal Injury Law.
Workers across New South Wales can arrange telephone or video appointments. In-person appointments can be arranged at the Sydney office when appropriate.
NSW Work Injury Claim enquiries: (02) 7233 3661
- Content publisher:
- NSW Work Injury Claim
- Published:
- Last legally reviewed:
Key legal sources
- Workers Compensation Act 1987 (NSW)
- SIRA workers compensation
- IRO legal assistance for injured workers
- Personal Injury Commission
- SIRA Standard S24: Factual investigations
- SIRA Workers Compensation Guidelines, 1 July 2026
- Workplace Injury Management and Workers Compensation Act 1998 (NSW)
This information is general in nature and is not legal advice. You should obtain advice about your own circumstances.
Last legally reviewed: . This page provides general information about NSW workers compensation procedure. It is not legal advice, and the correct response may depend on the document, injury date and dispute.