Employer Doesn’t Want Me to Report My Work Injury: What Should I Do?

It is an unfortunate fact that some employers will put pressure on an employee to not file a claim or make a report following a workplace injury.

This kind of pressure can come in many forms, but it is important to remember that you are entitled to file a WorkCover claim, and your employer is legally required to report a notifiable incident to the WHSQ and to notify WorkCover of the incident even if you don't intend to make a claim.

Remember that all businesses in Queensland that employ workers are required by law to provide insurance against workplace accidents, either with WorkCover Queensland or by becoming a licensed self-insurer.

It is an unfortunate fact that some employers will put pressure on an employee to not file a claim or make a report following a workplace injury. This kind of pressure can come in many forms, but it is important to remember that you are entitled to file a WorkCover claim, and your employer is legally required to report a notifiable incident to the WHSQ and to notify WorkCover of the incident even if you don't intend to make a claim.

Remember that all businesses in Queensland that employ workers are required by law to provide insurance against workplace accidents, either with WorkCover Queensland or by becoming a licensed self-insurer.

If your employer is putting undue pressure on you to not report the incident, seek independent legal advice.  This type of behaviour is against the law and must be handled carefully.

Injured? Get expert advice now: Smith's are Queensland's only 100% risk-free injury compensation lawyers. Insist on our 'No Win. No Fee. No Catch' ® promise. Check your rights with no risk or obligations now and talk direct to our Principal lawyer, Greg Smith. Call 1800 266 801 OR  check if you can claim

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Other concerns regarding your employer: demotion, reduced hours, or even termination

Many people express concerns about losing their job or receiving less favourable working conditions because of a workplace injury claim or report.
Laws regarding workers' compensation have been put in place to ensure that employees cannot be terminated from their employment as a direct result of a work-related injury for a period of 12 months following the injury.

In addition, workers' compensation laws prohibit employers from engaging in other types of unfair treatment against an employee as a result of sustaining or filing a report relating to a work-related injury, for example:

• Denying an injured worker an advancement opportunity;
• Suspending, demoting, or terminated an employee following a workers' compensation claim;
• Restricting or reducing pay or hours of work following a workers' compensation claim.

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How long do I have to start a work injury claim?

For most personal injury claims, a legal action must be commenced within 3 years of the date of the injury. If you miss this deadline, you will lose the right to claim compensation.

However, depending on where your injury occurred or who you are claiming against, specific pre-court procedures may apply which may have much shorter time limits. If you miss these time limits you may lose your right to claim unless you can provide good reason for delaying and why you should be allowed to proceed with your claim. 

Those aged under 18 will typically have until they are 21 to start the claims process.

In addition, getting accurate records such as CCTV or reliable witness statements for example may be difficult if starting a claim several years after the incident.

In summary, it’s best to seek expert legal advice as soon as possible to ensure you understand your rights and the required evidence to make a strong claim can be gathered. View time limit information article for more detail.

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‍Strict time limits apply - talk to an expert compensation lawyer ASAP - In most circumstances, the time limit to start a compensation claim is 3 years from the date of incident. Some processes need to be started much sooner. Call us on 1800 266 801 or start a live chat.