Session 5 - Workers Compensation
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Transcript of 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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Injury in the Workplace
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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Injury in the Workplace
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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http://www.youtube.com/watch?v=KOuFa-
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