New South Wales Consolidated Acts

WORKPLACE INJURY MANAGEMENT AND WORKERS COMPENSATION ACT 1998 - SECT 254

254 Notice of injury must be given to employer

(1) Neither compensation nor work injury damages are recoverable by an injured worker unless notice of the injury is given to the employer as soon as possible after the injury happened and before the worker has voluntarily left the employment in which the worker was at the time of the injury.

(2) The failure to give notice of injury as required by this section (or any defect or inaccuracy in a notice of injury) is not a bar to the recovery of compensation or work injury damages if in proceedings to recover the compensation or damages it is found that there are special circumstances as provided by this section.

(3) Each of the following constitutes special circumstances--

(a) the person against whom the proceedings are taken has not been prejudiced in respect of the proceedings by the failure to give notice of injury or by the defect or inaccuracy in the notice,

(b) the failure to give notice of injury, or the defect or inaccuracy in the notice, was occasioned by ignorance, mistake, absence from the State or other reasonable cause,

(c) the person against whom the proceedings are taken had knowledge of the injury from any source at or about the time when the injury happened,

(d) the injury has been reported by the employer to the Nominal Insurer in accordance with this Act,

(e) the employer has contravened section 231,

(f) the injury has been treated in a first aid room at the place of work,

(g) if the employer is the owner of a mine--the injury has been reported by or on behalf of the employer to an inspector of mines or an inspector under the Work Health and Safety Act 2011 .

(4) In addition, if the employer is the owner of a mine or quarry, or the occupier of a factory, workshop, office or shop, each of the following constitutes special circumstances--

(a) the summary referred to in section 231 has not been posted up in accordance with that section or the employer has otherwise contravened that section,

(b) the injury has been reported by or on behalf of the employer to an inspector of mines or an inspector under the Work Health and Safety Act 2011 ,

(c) the injury has been treated in a first aid room at the mine, quarry, factory, workshop, office or shop.