Session 5 - Workers Compensation

8/7/2019 Session 5 - Workers Compensation

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Business Communication

Session 5 WorkCover and Workers

Compensation


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WorkCover (1)

A government body that works with theemployers, workers and community of NSW toachieve safer and more productive

workplaces, and effective recovery, return towork and security for injured workers

WorkCover administer occupational health

and safety, injury management, return to workand workers compensation laws, and managethe workers compensation system.


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WorkCover (2)

Their work involves the monitoring of:

Health and safety

Injuries and claims Licensing for some types of plant operators

Registration of some types of plant and factories

Training and assessment

Medical and healthcare

Law and policy


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WorkCover inspector

WorkCover inspectors have a dual role.

They help employers and employees to understand

their rights and obligations under occupational

health and safety, workers compensation and injurymanagement legislation.

They also have the authority to enforce compliance

with the legislation

They are empowered to act under the OHS Act

2000 and associated legislation and the The Workers

Compensation Act


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Workplace inspectors (1)

Inspectors visit workplaces to:

Investigate an accident and/or breaches of

legislation

Respond to a complaint from workers, unions, OHS

committees etc

Give advice and information to management,

committees, unions and workers Carry out a random workplace inspection

Target hazards as a part of a specific campaign

Resolve workplace health and safety disputes


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Workplace Inspectors (2)

Inspectors are trained to advise employers and

employees about all aspects of occupational

health and safety, workers compensation and

injury management. For example:

conduct a workplace risk assessment

bring plant, equipment and work methods up to the

required standards establish a workplace health and safety committee

establish a workplace injury management program


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Workplace inspectors (3)

Enforcement role

In certain circumstances, inspectors have the powerto:

Issue notices which require employers to remedy unsafeworking conditions or hazards

Issue notices which prohibit work from continuing until ahazard is fixed

Issue notices requiring employers to provide proof ofcorrect workers compensation insurance

Issue on-the-spot fines for breaches of occupationalhealth and safety legislation

Collect evidence and recommend a prosecution.


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WorkCover Compensations Act

To establish a workplace injury management andworkers compensation system that:

Prompt treatment of injuries

Effective and proactive management of injuries

Medical and vocational rehabilitation following injuries

Provides injured workers and their dependants with

income support during incapacity

Creates a fair, affordable and financially viable workers

compensation system

Ensures contributions by employers are

commensurate with the risks faced in their industry.


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Workers Compensation Commission

Resolves workers compensation disputes

Encourage workers and employers to discuss ways of

resolving their dispute at all stages of the process

Resolve workers compensation disputes betweeninjured workers and employers

Use mediators

Resolve and determine disputes about workers

compensation claims, for example, weekly

compensation for loss of income, payment of medical

expenses and compensation for permanent

impairment/pain and suffering.


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Workers Compensation Commission

The Workers Compensation Commissionresolves workers compensation disputes. Weencourage workers and employers to discuss

ways of resolving their dispute at all stages ofthe process

http://www.wcc.nsw.gov.au/default.htm


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Workers Compensation -1

All employers in NSW (except exemptemployers) must have a workers compensationpolicy to insure themselves against compensationclaims for workplace injuries.

The insurance is a legal requirement under theOHS Act

When employers take out a workerscompensation, this policy covers any of theemployer's workers (whether permanent orcasual) in the event of them suffering a work-related injury or illness.


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Workers Compensation - 2

In the event of a workplace injury or disease,

the policy makes provision for the worker to

receive benefits which may include:

weekly benefits

medical and hospital expenses

rehabilitation services

certain personal items (eg clothing, spectacles, if

damaged in a work-related accident)

a lump sum payment for permanent impairment.

(This policy covers all workers)


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Exempt Employer

Employers who pay $7,500 in total or less in

annual wages are not required to hold a

policy, unless they employ an apprentice or

trainee, or are part of a group for premium

purposes.


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WorkCover Insurance

Sole traders and individual partners in apartnership cannot be covered under a workerscompensation policy in their name because they

are not considered to be workers under theWorkers Compensation Act.

WorkCover advises sole traders and partnershipsto take out a personal accident and illness policy

or an income protection policy, in case they areunable to work. This is not a WorkCoverrequirement.


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Worker vs. Contractor

A person may have been hired as a contractor

and be a contractor for other purposes such as

tax, but still be a worker for the purpose of

workers compensation


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Scheme Agent

Scheme agents are appointed by WorkCoverto:

issue workers compensation insurance policies

determine and collect insurance premiums manage workers compensation claims

provide support for injured workers, includingrehabilitation

pay workers compensation benefits to injuredworkers

manage any third party service providers (egmedical or rehabilitation services).


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Scheme Agents appointed by

WorkCover

Allianz Australia Workers Compensation

(NSW) Limited

Cambridge IntegratedS

ervices Australia PtyLtd trading as Xchanging

CGU Workers Compensation (NSW) Limited

GIO General Limited QBE Workers Compensation (NSW) Limited


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Benefits and claims

Death benefits and family support

The benefits that may be payable when a

worker dies as a result of a workplace injuryinclude:

a lump sum

weekly payments for dependents

reasonable funeral expenses.


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http://www.workcover.nsw.gov.au/Pages/Sear

chResults.aspx?k=video

(small business support)


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Injury in the Workplace

There are 4 steps that you must follow:

1) Provide the injured worker with the relevant

care and information

2) Notify the Insurer within 48 hours

3) Provide the insurer with the relevant

information

4) Send the insurer specific information


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When there is an injury at work. The 4 steps are:

1) You must provide the injured worker with:

first aid and/or transport to medical treatment name of the insurer

company name and employer contact details

a claim form, if requested by the worker


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1) You must provide the injured worker with

continued:

suitable duties

any assistance that will help the worker to

recover and return to work quickly


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Injury in the workplace

3) Provide the insurer with continued:

name and address of the company

name of the treating doctor, or name of the hospital if

the worker is hospitalised

name and contact details of the person making the

initial notification, and their relationship to the worker

or employer.


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Injury in the workplace

3) Forward or send to the insurer:

a Work Cover medical certificate, if provided by

the injured worker, within seven days

ongoing medical certificates, receipts and

accounts for medical or other treatment, within

seven days.


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Session 5 - Workers Compensation

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