TL;DR

• Report the injury, get medical care, and keep clear records.
• Workers compensation may cover treatment and time off work. Fault is not always required for that system.
• If another person or business was negligent, there may be separate options to consider. Time limits can apply.
• Collect evidence early and seek tailored legal advice about your situation.
• Read our overviews on Personal Injury and Personal Injury Claims.

First things first

A workplace injury caused by someone else’s actions can be stressful. The steps below are general information to help you get organised. This is not legal or medical advice. Processes and time limits can vary by state, insurer, and contract. If you need advice about your circumstances, speak with a qualified professional.

What to do today

1. Report the incident. Tell your supervisor as soon as you can and complete the workplace incident report. Ask for a copy or reference number.
2. See a doctor. Get a medical assessment and follow the treatment plan. Keep certificates, referrals, imaging, and receipts.
3. Record the basics. Note time, place, task, equipment, and who was involved. List any witnesses and save their contact details.
4. Preserve evidence. Keep photos, emails, rosters, site inductions, and training records if available and safe to obtain.
5. Keep everything together. Use one folder for medical and work documents. Good records make later steps easier.

Workers compensation and negligence are different systems

Many injured workers first access workers compensation for medical expenses and income support. That process does not always require proving fault. If another person or business did not take reasonable care, there may also be options to explore under negligence. Whether that is available depends on the facts and the law that applies to your situation.

If you are unsure where to start, our plain English guides to Personal Injury and Personal Injury Claims explain typical steps and documents to gather.

Options that may apply

• Workers compensation claim. Usually lodged with an insurer through your employer. Documents include medical certificates and incident details. Time limits can apply.
• Negligence claim against a third party. In some situations a contractor, another business, or a person outside your employer may be responsible for unsafe work or equipment. Negligence needs proof that a duty of care existed, it was breached, and that the breach caused your injury. Evidence is important.
• Public liability or product issues. If unsafe premises or faulty equipment were involved, different policies may be engaged. The facts matter.
• Regulator notifications. Some incidents must be notified to a safety regulator. Your employer usually handles this, but keep your own notes.

It is possible for workers compensation and a separate negligence pathway to be considered at the same time. How they interact varies. Get advice before you sign documents that settle rights, because settlements can affect other options.

Build a simple evidence file

• Medical file. Certificates, GP notes, imaging, referrals, treatment plans, and receipts.
• Work file. Incident report, emails, rosters, duty changes, training records, toolbox talks, risk assessments, permits.
• Witness details. Names, phone numbers, short notes of what they saw.
• Photos and site information. Equipment numbers, contractor names, and any hazard tags where safe to collect.
• Symptoms diary. Short daily notes on pain, function, and time off work.

People also ask

Is workers compensation the same as suing for negligence?

No. Workers compensation is an insurance system for work injuries. Negligence is a fault based pathway that depends on evidence and the law that applies to your facts.

What if a contractor on site caused my injury?

Keep their details and any paperwork that shows who controlled the task or equipment. Liability can be complex. Get tailored advice before making statements or signing documents.

Do I need to prove fault to get medical treatment covered?

Workers compensation may cover treatment without proving fault. Negligence claims generally require proof of fault and causation.

Are there time limits?

Yes. Time limits can apply for claims and reviews. Report the incident, see a doctor, and ask about dates that may apply to you.

FAQs

Can I have a workers compensation claim and a negligence claim at the same time?

It can be possible, depending on your circumstances. The systems interact in specific ways and settlements can affect rights. Seek advice before agreeing to terms.

What evidence helps most in a negligence case?

Clear incident details, witness accounts, photos, training or risk documents, maintenance logs, and medical reports that link the injury to the event.

What if my employer disputes what happened?

Keep your records, continue medical treatment, and respond carefully to requests for information. Reviews and dispute processes may be available. Get advice early.

Do I have to attend an insurer or independent medical assessment?

It can be requested in some claims. Bring your documents, describe symptoms accurately, and follow instructions. Keep a copy of any report if provided.

What if I was partly at fault?

Partial fault does not automatically end options, but it can affect outcomes in some systems. The effect depends on the facts and the law that applies.

Next steps and how we can help

If you want help understanding typical processes, Wright Street Lawyers can provide general information about usual steps and documents. In an initial chat we can discuss your timeline, evidence, and common next actions. For tailored legal advice, a lawyer can assess your circumstances and explain options that may apply.

• Start with our overviews: Personal Injury and Personal Injury Claims.
• Phone or email us and include your key dates, medical certificates, and incident report if available.
• Ask about any time limits that may apply in your situation.

Contact: Wright Street Lawyers, wrightstreetlawyers.com.au

Accessibility: If phone is difficult, use our website form or email and we can reply in writing. Let us know if you need adjustments for appointments.

Important disclaimer

This page provides general information about work injuries and negligence. It is not legal or medical advice. Laws and processes can change and vary by state, policy, and contract. Your situation may be different. For advice about your circumstances, speak with a qualified professional.