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  1. Do I need a workers compensation policy?
  2. How do I ensure that all my employees are covered?
  3. How do I get a certificate of currency?
  4. Are employees covered for their journeys to and from work?
  5. Are employees covered for journeys during their work day?
  6. What do I do if an employee is injured?
  7. Why do I need to notify of an injury and lodge a claim quickly?
  8. What if my employee says they do not wish to lodge a claim?
  9. Are contractors deemed workers under workers compensation policy?
  10. Where can I go if my question is not listed above?

 


Do I need a workers compensation policy?

If you are employing staff then you must have a workers compensation policy.   All employers must have a workers compensation policy for each state in which they have operating staff.

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How do I ensure that all my employees are covered?

As long as you have a valid policy and an employment agreement with an injured worker, they will be covered for workers compensation.  You will be required to estimate your wages for the upcoming year at the commencement of each policy period.  These wages will then need to be confirmed at the end of the policy period to ensure you premium is calculated accurately.  Your insurer will also need to be notified of any major changes to staff activities during the year (e.g. you are no longer running an employment services program).

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How do I get a certificate of currency?

Each state has different ways of providing a certificate of capacity.

  • Victoria –  Certificate of currency accessible from the Victorian Workcover Authority via an online application.
  • NSW –  Certificates of currency are available from your insurer upon request.
  • South Australia (Called a certificate of registration) – Certificates of registration can be obtained via WorkCover’s online services or by phoning 13 18 55.
  • Western Australia – Certificates of currency are available from your insurer upon request.
  • Tasmania – Certificates of currency are available from your insurer upon request.
  • Northern Territory – Certificates of currency are available from your insurer upon request.
  • ACT – Certificates of currency are available from your insurer upon request.
  • Queensland – Available online through the premium online facility.

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Are employees covered for their journeys to and from work?

This will depend on which state jurisdiction the claim falls into.  While not all states cover journey claims, it is advised to lodge all journey claims with your insurer regardless so they can make a decision based on the relevant legislation.

Below are the journey provisions for each states:

  • Victoria – No journey claims.
  • NSW – No journey claims unless there is a real and substantial connection between the person’s employment and the incident out of which the injury arose.
  • South Australia – No journey claims unless there is a real and substantial connection between employment and the accident.
  • Western Australia – No journey claims.
  • Tasmania – No journey claims.
  • Northern Territory – Journeys to and from work in a motor vehicle are not covered.  Other forms of travel are covered.
  • ACT – Journey claims are covered.
  • Queensland – Journey claims are covered.

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Are employees covered for journeys during their work day?

If an employee is travelling for the purpose of business (e.g. from their place of work to an external meeting), then they are covered under workers compensation.

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What do I do if an employee is injured?

You should notify your insurer as soon as possible once you (or any representative of your organisation) become aware of any known injury or claim.  There are prescribed notification periods in each individual state and failure to meet these requirements can result in financial penalties.  Below are the notification timeframes:

Victoria 

  • A claim must be lodged within 10 days of receiving the completed claim form from the worker.

NSW 

  • Notification of an injury is required to be provided to the insurer within 48 hours from the time the employer was first notified of the injury.  A claim must be lodged within 5 (business) days of the employer receiving a completed claim form.

South Australia   

  • Notification of an injury is required to be provided to the insurer within 48 hours from the time the employer was first notified of the injury.  A claim must be lodged within 5 (business) days of the employer receiving a completed claim form.

Western Australia

  • A claim is to be lodged within 5 days of the employer receiving the completed claim form.

Tasmania

  • Injury notification is to be made to the insurer within 48 hours of the employer being notified of the injury, if an incapacity or partial incapacity is likely.
  • The employer must, within 14 days, serve on the worker the prescribed notice advising how to make a claim.  This form can be found here. (include link to “Right to make Worker’s Compensation Claim” form)
  • Notification of claim to be made within 3 days of receipt and claim must be forwarded to the insurer within 5 working days.
  • On becoming aware of a workplace injury notification to the insurer must occur within 3 days, on receipt of claim form must be provided within 5 days.
  • Northern Territory
  • Claim to be lodged within 3 days of the employer receiving the competed claim form from claimant.

ACT

  • Notification is to be made within 48 hours of the employer being notified of the workplace injury. If notification is made orally then confirmation in writing or electronically must be made within 3 days.
  • The claim form must be lodged with the insurer within 7 days of receiving the claim form from injured worker.

Queensland

  • Employers have an obligation to lodge an employers report within 8 days of notification of the injury.
  • A Claim is to be lodged within 10 days of the employer receiving the completed claim form from claimant.

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Why do I need to notify of an injury and lodge a claim quickly?

Research clearly shows that a delay in reporting an injury or a delay in submitting a claim results in poorer outcomes for injured workers and increased costs for employers. Prompt reporting of injury and submission of a claim allows for:

  • funding of timely medical treatment
  • prompt re-imbursement of lost wages
  • timely implementation of injury management and return-to-work initiatives

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What if my employee says they do not wish to lodge a claim?

In all circumstances it is best to lodge a claim and allow the insurer to make contact with the worker.  If the worker advises the insurer that they do not wish to pursue a claim, the claim would be closed whilst and you avoid any penalties for not notifying.

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Are contractors deemed workers under workers compensation policy?

Contractors may be deemed a worker for the purposes of workers compensation. This may depend on various criteria such as:

  • whether they work for one employer or many;
  • whether they delegate work to others or not; or
  • if they employ staff.

Please refer to respective WorkCover authority in your state or territory for additional information and definition of a worker applicable to legislation in your state.

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Where can I go if my question is not listed above?

If your question is not listed above please use the contact page or call 1300 JOBSAU (1300 562 728).

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