The role of government agencies following a serious workplace incident

Who is SafeWork NSW

SafeWork NSW is the state's workplace health and safety regulator. It administers the Work Health and Safety Act 2011 and associated regulations.

SafeWork NSW responds to reported workplace health and safety complaints and incidents. It works with businesses to identify and manage safety risks.

SafeWork NSW carries out a range of functions from education through to compliance and enforcement, depending on the level of risk.

In addition to this work, SafeWork NSW advises on workplace health and safety issues. It issues licences and registrations for high-risk or hazardous work. It also provides testing services.

The role SafeWork NSW will play following a serious workplace incident

In the event of a serious injury:

• A SafeWork NSW Inspector will address any immediate safety concerns with the business. They will also start gathering information to decide on a regulatory response.
• If SafeWork NSW decides to investigate the incident, it will assign an Investigator. The Investigator will investigate the incident for breaches of workplace health and safety laws and prepare a Brief of Evidence.
• A Legal team reviews the Brief of Evidence to assess if a breach has occurred.
• If a serious breach is found, SafeWork NSW may take legal action in the NSW Local or Industrial Court.
• If legal action will not be taken, SafeWork NSW will inform you of the outcome.

In the event of a fatality:
The steps outlined above apply. In addition:

• At the investigation stage, the Investigator may prepare a report for the coroner based on the evidence gathered.
• If you are the next of kin, the Family Liaison Team will contact you after SafeWork NSW begins its investigation. They will keep you updated and be your main point of contact.

What to expect from SafeWork NSW

If you have been seriously injured, you can expect that SafeWork NSW will:

• Contact you for details about the incident, when you're able.
• Inform you if an investigation will commence or alternative action will be taken to address the cause of the incident.
• If an investigation commences, updates will be provided every three months until an enforcement decision is made.

SafeWork will work to complete investigations in a timely manner however it is important to understand that investigations of this nature can be complex and it can take up to two years until any enforcement decision is made.

• Once the investigation is complete, SafeWork NSW will advise you of the enforcement decision. This can include starting prosecution proceedings, issuing a warning letter to the business or taking no action.
• If prosecution proceedings commence and the defendant pleads not guilty, you may be required to attend a hearing to provide evidence. If the court case proceeds to sentencing, you may be entitled to provide a Victim Impact Statement to the Court. SafeWork NSW will support you through this process.
• If no action is taken following an investigation, you will be sent a letter to advise you of the outcome. Your contact in SafeWork NSW can address any questions you may have about this.
• Under certain circumstances, the business may enter an Enforceable Undertaking (EU) as an alternative to prosecution proceedings. SafeWork NSW will inform you of the outcome and provide you with updates while this process is ongoing. For more details, refer to the EU guidelines.

If you are a family member who has lost a loved one, the points noted above largely apply. In addition, the Family Liaison team will be in touch from the start to support you through this process.

Due to privacy legislation and other legal requirements, SafeWork NSW can only provide limited information when investigations are active or where legal proceedings are before the Courts. If information or evidence is disclosed prior to an investigation being completed, it may prejudice the investigation or lead to evidence contamination.

We understand this might be frustrating. However, we will keep you updated, even if we can't share the investigation details.

When SafeWork NSW will contact you

After a serious workplace incident, your first contact with SafeWork NSW will depend on your capacity or circumstances.

If you have been seriously injured, an Inspector will reach out soon after the incident. They’ll explain the investigation process and gather evidence about what happened.

If you are a family member who has lost a loved one, the Family Liaison Team will aim to contact you within 7 days from the day SafeWork NSW accepts the incident for full investigation.

How long the process will take

By law, SafeWork NSW has a two year limit to act after an incident is reported, during which SafeWork NSW can decide to take enforcement action.

SafeWork NSW will attempt to complete investigations sooner, however due to the complex nature of investigations it might take up to two years before an enforcement decision made.

If SafeWork NSW decides to commence prosecution proceedings in court, timeframes may vary as each matter is different. For example, court cases with more defendants will take longer.

SafeWork NSW will be able to provide you further information and guidance as the court matter progresses.

What you need to do

SafeWork NSW will guide you through the process and keep you updated at each stage.

If you have been seriously injured, SafeWork NSW will interview you soon after the incident has occurred (when you are able) and during the investigation.

If prosecution action is taken and the defendant pleads not guilty, you may need to attend a hearing to provide evidence. If the court case proceeds to sentencing, you may have the chance to provide a Victim Impact Statement to the Court. SafeWork NSW will guide you through this process.

If you are a family member who has lost a loved one, the Family Liaison Team will keep you updated on the status of the investigation and any prosecution proceedings. You won’t need to do much while the court proceedings are underway. When needed, the Family Liaison Team will let you know your  options to attend court hearings at the appropriate time.

Who to contact if you need support from SafeWork NSW

A SafeWork NSW investigator or the Family Liaison Team will be in contact with you following an incident. Reach out to them in the first instance.

If you have feedback in relation to your experience, please contact SafeWork NSW on 13 10 50.

Who is icare

Insurance and Care NSW, commonly known as icare, offers insurance and care services to businesses, people and communities in NSW. It’s workers compensation scheme covers more than 335,000 employers in NSW and 3.2 million employees.

If a person is severely injured at work or on the road, icare supports their long-term care needs to improve their quality of life and help people return to work.

For families who have lost a loved one in a workplace incident, icare provide support and guidance  through the compensation process.

Claims Service Providers (CSPs)

Claims Service Providers (CSPs) are companies that manage claims on behalf of icare. CSP’s include Allianz, DXC Technology, EML, Gallagher Bassett, GIO and QBE. They handle all workers compensation claims, including claims for physical and psychological injuries.

The role icare will play following a serious workplace incident

If you have been seriously injured, your CSP Claims Manager will reach out to provide information and support and guide you through the compensation claim process.

Your Claims Manager will:

• Share information about support, rehabilitation and re-training services.
• If you are hospitalised, they will contact your inpatient treatment team about your injury and treatment needs. This may include discharge plans and referrals for support, equipment, modifications or care.
• Regularly update you or your representatives about the progress of your claim.
• Aim to make a decision about your claim within 21 days. They will explain the next steps and options for a review of the decision (if needed).

If you are a family member who has lost a loved one (whether next of kin or a nominated family member), your Claims Manager will contact you to offer information and support and guide you on making a compensation claim.

Your Claims Manager will:

• Share information about icare’s support services, including free grief counselling and legal services.
• Explain how to make a claim for death benefits, including what information will be needed from you and the employer.
• Keep you or your representative updated on the claim’s progress.
• Provide a decision about your claim as quickly as possible and explain the next steps or available options.

What to expect from icare

If you have been seriously injured, the CSP will assign a claim number to your case and provide the contact details for your Claims Manager.

Your Claims Manager will help you with:

• weekly compensation payments while you are unable to work at your pre-injury capacity
• medical and hospital treatment, rehabilitation, and care needs
• support and assistance available to you following discharge home
• injury management and options to help you recover at work
• an injury management plan tailored to your situation and developed with you, your employer and treating team.

If you are a family member who has lost a loved one, the CSP will assign a claim number to your case and provide the contact details for your Claims Manager.

Your Claims Manager will help you with:

• free, immediate counselling and support for you and your family available through icare
• the information needed to assess the claim
• if a claim is accepted, details of the benefits payable which could include a lump sum payment, funeral expenses, and weekly benefits for dependent children.

Your Claims Manager will contact you regulatory throughout the claims process, provide updates and answering your questions.

When icare will contact you

If you have been seriously injured, your Claims Manager will contact you within 3 days after the CSP is notified of the incident.

If you are in hospital and unable to be contacted, your Claims Manager will contact your next of kin, employer, and inpatient treating team.

If you are a family member that has lost a loved one, the Claims Manager will contact you (if you are the next of kin) within 5 working days after the CSP is notified of the incident. This is unless the employer or other persons requests a delay.

If you, as the next of kin, are unable to talk with the Claims Manager, you can nominate a family member or other support person to speak for you.

How long the process will take

Each serious injury and fatality claim process is unique. It’s length depends on the incident details and the availability of the information needed to decide on the compensation claim.

Your Claims Manager will stay in touch, keeping you updated on the claims progress and explain reasons for any delays.

What you need to do

To assist your Claims Manager in the claims process, please provide requested information as soon as you are able.

Stay in touch with your Claims Manager. Ask questions if you are unsure about what has been requested or why the information is needed.

If you feel overwhelmed, you can seek free legal support from a workers compensation lawyer. Just contact the Independent Review Office (IRO). A lawyer can act on your behalf to help you provide the information we need to process your claim.

Who to contact if you need support from icare

If you have been seriously injured and you have questions about your claim, entitlements or recovery at work plan, contact your Claims Manager.

If you are a family member that has lost a loved one, reach out to your Claims Manager. If you have questions before your Claims Manager has initiated contact, call the icare Fatalities Leader on 02 9216 3375, or email fatality.support@icare.nsw.gov.au

In all cases, if you are dissatisfied with your Claims Manager's response, contact the Independent Review Office (IRO) on 13 94 76 for further support.

Who is SIRA

The State Insurance Regulatory Authority (SIRA) regulates workers compensation insurance in NSW. They:

• supervise insurers so they comply with legislation and meet their obligations to workers and employers
• assist employers understand their responsibilities within the NSW Workers Compensation Scheme
• manage health care providers
• resolve complaints from workers about their employer or claims provider
• address queries from employers, insurers and other professionals about workers compensation insurance.

SIRA also regulates the Compulsory Third Party (CTP) and Home Building Compensation (HBC) Schemes.

The role SIRA will play following a serious workplace incident

SIRA is unlikely to contact you following a workplace incident.

More information on the role they could play is covered in the section “Who to contact if you need support”.

When SIRA will contact you

It is very unlikely you will be contacted directly by SIRA.

All matters related to your recovery, expenses, injury management and potential return to work will be handled by your CSP Claims Manager.

Who to contact if you need support from SIRA

If you have a complaint about your workers compensation claim that cannot be handled by the Independent Review Office (IRO) you can contact SIRA on 13 74 72.