Q: We have a situation in our NSW-based company where we have a workers’ compensation case pending further investigation, as it falls under reasonable excuse.

If the third-party investigation company requests interviews with other workers within our organisation, do these workers have to attend the interviews or can they decline?

At this stage we have only been asked over the phone; not in writing. Any help you could offer would be greatly appreciated.

A: If your insurer or their appointed investigator is conducting an investigation, you will be required to make your employees available to be interviewed, subject to the terms of your insurance policy. The duty to cooperate arises from the insurer/insured relationship.

However, before making any directions to employees to attend interviews, you should wait for a written request from your insurer.

Please note: The answer is correct at the time of publishing. Be aware that laws may change over time. Refer to Workers' compensation for current advice.