New South Wales Consolidated Acts

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WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 44

Early notification of workplace injury

44 Early notification of workplace injury

(1) An injured worker must notify the employer that the worker has received a workplace injury as soon as possible after the injury happens.
(2) The employer of an injured worker must notify the insurer or the Authority within 48 hours after becoming aware that a worker has received a workplace injury in the manner prescribed by the regulations.
(3) If an employer has given notice to the insurer in accordance with subsection (2) of a workplace injury to a worker, the insurer must forward that notice to the Authority in accordance with the regulations.
(3A) If an employer has given notice to the Authority in accordance with subsection (2) of a workplace injury to a worker:
(a) the Authority must as soon as practicable forward that notice to the insurer, and
(b) the notice given to the Authority is taken to be notice given to the insurer for the purposes of the employer’s policy of insurance.
(4) Subsection (2) do not apply when the insurer is a self-insurer.
(5) An insurance premiums order referred to in the definition of "prescribed excess amount" in section 160 (1) of the 1987 Act may make provision for the prescribed excess amount applicable to an employer under that section to vary according to the time within which the employer notifies the insurer concerned that a worker has received a workplace injury.
Note: The obligations imposed by this section are in addition to those imposed by sections 61-69.



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