No compensation – Back injury reported too late

An employee who waited nearly a month to report a work injury to his employer has been denied compensation. He had been required to provide notice as soon as practicable after the injury occurred. 


[Full text of this case: Kelp Industries Pty Ltd v K [2016] TASWRCT 2 (6 January 2016)]


Kelp Industries Pty Ltd disputed liability to compensate Mr K, an operator at its kelp factory, on the basis that he failed to provide formal notice of his lower back injury as soon as practicable after it occurred.


Relevantly, the company made an application under s81A of the Workers Rehabilitation and Compensation Act 1988 (Tas) for a ‘reasonably arguable case determination’ by the Workers Rehabilitation and Compensation Tribunal of Tasmania. The application was handled by Commissioner Chandler.



It was the company’s evidence that:

On 26 August 2015, Mr K told the company’s acting general manager, Mr V, that he had lifted a large piece of wood from a crate into a furnace. Mr V reminded Mr K of the requirement to roll, not lift, large pieces of wood and asked him if he was hurt. Mr K replied that he was okay and did not wish to complete an incident report. Although he continued to work, Mr V took over Mr K’s job of filling the furnace with wood.


A toolbox meeting was held where Mr V, to prevent a recurrence of the incident involving Mr K, reminded employees not to lift large pieces of wood.


On 21 September 2015, Mr K provided Mr V with an incident report, advising him that he was suffering back pain as a result of lifting the piece of wood nearly a month earlier.


Mr K had not reported pain or discomfort in the intervening period; rather, he had performed all the tasks required of him without complaint.

Mr K submitted that he did notify Mr V of his lower back injury on the day it happened. His workers compensation claim form included the initial medical certificate for the injury, issued on 21 September 2015. The issuing doctor had certified the injury to be consistent with lifting a large piece of wood and the certificate indicated he had partial incapacity to work.


The issue for Commissioner Chandler to determine was whether Mr K should be rejected on the basis he failed to give notice of his injury as soon as practicable in accordance with s32(1)(a) of the Act. This section provides that a worker shall not be entitled to compensation for an injury unless the employer was notified of the injury as soon as practicable after the occurrence.



Commissioner Chandler accepted the company’s s81A application for a reasonably arguable case determination:

“In my view a reasonably arguable case determination should be made. Although it is common ground that on 26 August there was an incident involving the worker placing a large piece of wood in a furnace, it is the contention of Mr [V] that the worker did not at this time advise that he had suffered an injury and when specifically asked, stated that he was okay. It is my view that if this evidence was accepted following a contested hearing, then the employer may be able to avoid the claim on the basis that it was unaware of the nature of the worker’s injury… until it received the incident report almost one month later and hence, arguably at least, did not have notice of the injury as soon as practical. I therefore determine that a reasonably arguable case exists.” 

In accordance with s81A(3)(c), Commissioner Chandler determined that compensation was not to be paid by the employer.


Kelp Industries Pty Ltd v K [2016] TASWRCT 2 (6 January 2016) 


By James Harkness



This article was originally posted on Workplace OHS a part of NSW Business Chamber – Australian Business Consulting and Solutions has a dedicated team of WHS/OHS experts who can assist you with your specific WHS/OHS issues and problems.

Contact Us

Zenergy News

Directors' duties for psych risks unpacked in new report
April 23, 2025
The WHS obligations of company directors include taking reasonable steps to understand the psychological hazards in their workplaces, and this is a "personal" prosecutable duty, a new guide for directors warns. Directors' obligations include establishing that their organisations and their management "are equipped with appropriate resources and processes to eliminate or minimise these risks to the extent that is reasonably practicable", the guide by the Australian Institute of Company Directors and law firm King & Wood Mallesons says. Most of any organisation's work to address psychosocial hazards will be "driven by management", given the complexity of the risks and the deep operational knowledge required to guide action, it says. "The board plays a supporting role in constructively challenging these efforts and maintaining oversight of how effective psychosocial risk management contributes to broader organisational culture and leadership." Under Australia's national model WHS laws – adopted by all jurisdictions other than Victoria, which has similar legislation – officers have a duty to exercise due diligence to confirm their organisation is meeting its WHS obligations. (See section 27 of NSW's version of the laws, for example.) This duty is a "personal duty, meaning [officers] can be prosecuted for failing to meet their due diligence obligations", the guide says. "Prosecution typically requires proof that the officer failed to take reasonable steps to comply with their duty, assessed in the context of the organisation's overall safety and health management system," it says. These due diligence obligations apply to paid directors, and are "recommended" for volunteer directors, who can be prosecuted in limited circumstances. "While non-executive directors have not been the focus of WHS regulators to date, this can change, and regulatory expectations are rising," the guide notes. According to the 12-page document , company boards and governance play a crucial role in ensuring psychosocial risks are managed effectively. Directors must oversee management's efforts at identifying and implementing control measures, set expectations and confirm that the necessary frameworks are in place. "This includes seeking information, reviewing board reports, assessing organisational culture, and challenging management where needed to strengthen risk controls," the guide says. Examples of how boards should address the workplace factors that create psychosocial risks include: Overseeing how managers monitor the risks associated with work design by drawing on complaints data, employee surveys, and absence and turnover rates, and engaging regularly with management to assess risks and evaluate measures; Confirming that management is complying with the positive duty to eliminate workplace sexual harassment, and obtaining regular reports on key behavioural risks involving code of conduct breaches and harassment cases; Setting expectations for management to provide workers with practical assistance and timely consultation in the event of organisational change and restructures, which can create significant stress; Engaging with management to review how it is addressing remote work risks, and ensuring there they have a clear policy to guide them in determining when remote arrangements are appropriate; and Overseeing how HR and performance management processes are managed, and confirming that investigation procedures are fair, workers have access to appropriate support, and outcomes are handled as consistently as possible. Governing WHS Psychosocial Risks: A primer for directors, by the Australian Institute of Company Directors and King & Wood Mallesons, April 2025 This article has been reproduced with permission from OHS Alert, and the original version appears at www.ohsalert.com.au.
April 7, 2025
Zenergy recently hosted Women in Safety, a special networking event dedicated to fostering collaboration in the health, safety, and wellbeing sector. Held on March 20, 2025, at The Winery, Surry Hills, this event provided a relaxed and welcoming atmosphere where professionals gathered to exchange insights, share experiences, and build meaningful connections. With attendees from diverse industries—including construction, logistics, corporate sectors, and more—the event highlighted the vital role of women in shaping safer workplaces across Australia.
March 25, 2025
Podcasts have become a dominant force in the world of media, revolutionising how we consume information and entertainment and the WHS, Environment & Sustainability is no different! As the podcast industry continues to expand, listeners are discovering a wealth of benefits, from educational insights to fostering community connections. In this article, we share some of the leading podcasts and why they’ve become a growing part of modern WHS, Environment & Sustainability consumption. Here are some of the leading podcasts that every WHS, Environmental, and Sustainability professional should tune into:
March 24, 2025
Colin Hansen, WHS Director John Holland - M7M12 Project
March 3, 2025
Zenergy invites you to be part of the prestigious 2025 Australian Workplace Health & Safety Awards (AWHSA) —a national platform dedicated to recognising outstanding achievements in workplace health and safety. These awards celebrate individuals and organisations that are making a real impact in fostering safer, healthier work environments.
February 28, 2025
Australia has enacted mandatory sustainability reporting requirements, effective from 1 January 2025, through the Treasury Laws Amendment (Financial Market Infrastructure and Other Measures) Act 2024. These regulations mandate that large entities disclose climate-related financial information as part of their annual reporting obligations.
More Posts