The importance of accurately reporting a workplace injury – a case review

If you are a Queensland worker and have sustained an injury in the workplace, you may have entitlements to workers’ compensation. However, to support your application, it is critical to understand the importance of accurately reporting the circumstances of your workplace injury to your employer.

The recent Queensland Industrial Relations Commission (“QIRC”) decision in Dwyer v Workers' Compensation Regulator [2025] QIRC 119 demonstrates the importance of accurately reporting workplace incidents. Below is a brief summary of the QIRC decision.

Background

The Applicant, Mr Paul Dwyer, was employed as an effet operator with Mackay Sugar Limited, performing his duties at the Farleigh Sugar Cane Mill.

On an unspecified date in November 2018, Mr Dwyer stepped on a drain grate that gave way, causing his left leg to drop approximately 20 centimetres into the drain.

Mr Dwyer claimed that he verbally reported the incident to his shift supervisor and that he experienced some symptoms in the aftermath of the incident; however, he was able to continue working and did not make an application for workers’ compensation at that time.

Several years after the incident, Mr Dwyer made an Application for Assessment of Degree of Permanent Impairment (“Application”). Mr Dwyer did not lodge an application for statutory workers’ compensation benefits within 6 months after the entitlement for compensation arose, so this Application would not provide any entitlement to weekly benefits, medical treatment expenses or lump sum compensation.

However, if successful, this Application would enable Mr Dwyer to have his injury assessed for degree of permanent impairment, and provide an entitlement to pursue a common law claim for personal injury damages caused by the negligence of his employer.

Workcover rejected Mr Dwyer’s Application. The Workers’ Compensation Regulator (“the Regulator”) then confirmed the decision of Workcover to reject the Application, ultimately reaching the view that Mr Dwyer did not sustain a knee injury as a consequence of the work incident in or about November 2018.

Mr Dwyer lodged an appeal against the decision of the Regulator to the Queensland Industrial Relations Commission (“QIRC”), and the matter was heard in October 2023.

Legal issue – was employment a significant contributing factor?

For Mr Dwyer to be successful in his Application, he was required to prove, on the balance of probabilities, that:

• he was a Queensland worker at the time of the incident; and
• he sustained an injury, being personal injury arising out of, or in the course of employment, and his employment was a significant contributing factor.

A substantive issue in dispute was whether Mr Dwyer's employment was a significant contributing factor of his personal injury.

The Regulators’ case sought to cast doubt over whether the work incident happened. The QIRC found that, by arguing that there was no evidence to show Mr Dwyer had reported the incident, the Regulator were at least implying that the incident did not occur.

In the course of the hearing, Counsel for the Regulator cross-examined Mr Dwyer, revealing inconsistencies in his descriptions of the incident; however, the QIRC were not surprised by these inconsistencies, given the length of time since the incident, and explicitly rejected the idea that such inconsistencies meant Mr Dwyer was dishonest.

The Regulator further relied on the evidence of the shift supervisor, who provided evidence as follows:

1. He had no recollection of Mr Dwyer reporting the incident to him in late 2018; and
2. He knew the procedures for reporting and documenting incidents, but he did not undertake those procedures, so the incident must not have been reported.

Decision of the QIRC

The QIRC considered the testimony of both Mr Dwyer and the shift supervisor and observed that both made their best efforts to recall the details of a brief event that occurred many years before, which neither of them could be expected to reliably recall.

Despite the inconsistencies in some aspects of his account of the incident, the QIRC considered Mr Dwyer to be a credible witness who remained consistent on the key aspects of the incident, namely that:

• he stepped on a grate;
• the grate fell away beneath him;
• he hurt his knee; and
• he told the shift supervisor.

Furthermore, while the shift supervisor’s testimony regarding the lack of supporting documentation for the incident added a degree of plausibility to the theory that no incident was reported, the QIRC did not find that his lack of recollection of the incident being reported must mean that it was not reported.

After consideration of the medical evidence, the QIRC was satisfied Mr Dwyer's employment was a significant contributing factor to his personal injury.

The QIRC overturned the decision of the Regulator and allowed the injured worker’s application for assessment of permanent impairment.

Importance of accurate reporting after a workplace incident

While Mr Dwyer was ultimately successful in having his application accepted upon appeal, steps could have been taken to potentially avoid the need for court proceedings.

To avoid a scenario where you are required to prove the incident that caused your injury did in fact occur, well after the incident itself, it is important for you to take steps at the time of your injury to accurately report the incident.

The best step you can take to protect your rights is to complete an incident report or similar document reporting the circumstances of your injury. Some employers may prepare an incident report on your behalf. Unless the incident report they have prepared is completely accurate, you should not sign it.

Alternatively, if you are unsure whether an incident report has been completed and you have only verbally explained the incident to your employer, we recommend you take the time to make notes of who you reported the incident to, the dates and times of the conversations and what you discussed.

We also recommend that you keep a copy of any incident reports for your own records, along with contemporaneous evidence such as medical reports, hospital discharge forms, or CCTV.

You can read more detail about this in our earlier blog, “Steps to take after a workplace injury in Queensland”.

Get help from a workers’ compensation lawyer

Queensland Workers may have entitlements to workers’ compensation if they are injured in the workplace. To support an application for compensation, it is important to take steps to accurately report the circumstances of your injury.

If you’re experiencing difficulties with your claim after a workplace injury, including if your claim has been rejected, you should seek legal advice early from a lawyer experienced in the Queensland workers’ compensation scheme.

We offer flexible consultation options, including in-person meetings, phone discussions, and video calls. Contact Hall Payne Lawyers today to ensure you make informed decisions about your rights, and secure the compensation you deserve.

Contacting Hall Payne Lawyers

You can contact us by phone or email to arrange your consultation; either face-to-face at one of our offices, by telephone or by videoconference consultation.

Phone: 1800 659 114
Email: general@hallpayne.com.au