Question 1

What is the employer’s claims excess?

Accepted Answer

The claims excess payment is applicable for all employers, and is the equivalent of one week of the injured worker's weekly entitlement to compensation benefits, as determined by Section 42 of the Workers Compensation Act 1987. The claims excess will be waived if the employer notifies GIO within 5 days of receiving notice of the injury. There is no claims excess applicable for Journey and Recess (authorised work breaks) claims.

Question 2

Do I need Workers compensation insurance?

Accepted Answer

In NSW, it is compulsory to have a workers compensation policy if:

You engage workers or contractors deemed to be workers and pay, or expect to pay, more than $7,500 a year in wages, or
You engage apprentices or trainees, or you are a member of a Group for workers compensation purposes.

From 1st March 2017, new policies can be purchased through icare workers insurance.

Question 3

What is the relationship between icare workers insurance and GIO?

Accepted Answer

GIO is an agent appointed by icare to deliver workers compensation claims management services to employers and workers in NSW. For more information on this please visit the icare Workers Insurance site.

Question 4

Who is a worker for workers compensation purposes?

Accepted Answer

In NSW, a worker for workers compensation purposes is 'a person who has entered into or works under a contract of service or a training contract with an employer (whether by way of manual labour, clerical work or otherwise, and whether the contract is expressed or implied, and whether the contract is oral or in writing)'.

However, as many employment relationships are not standard, some people are also classified as ‘deemed’ workers. To assist you to clarify whether a person is a worker for workers compensation purposes, the State Insurance Regulatory Authority has designed a self-assessment tool. This tool is available to all employers and is designed to identify the worker status of the person(s) through a series of simple questions.

Question 5

How do claim costs impact my premium?

Accepted Answer

If your average performance premium (APP) is more than $30,000 (medium to large employers), you are considered an ‘experience-rated’ employer. For experience-rated employers, your premiums will be impacted by your claims performance. Claims costs impacting your premium include:

weekly compensation and provisional weekly compensation
permanent impairment
commutation payments
common law compensation, and
death benefits.

Employers with an APP less that $30,000, are considered small employers and premiums are not impacted by claims costs.

All employers obtain workers compensation insurance from icare. Refer to the icare website for more information on how your premiums are calculated.

Question 6

What do I need to do if an injury occurs?

Accepted Answer

Ensure that the worker immediately seeks first aid.
For serious incidents involving a fatality or serious injury or illness, you must notify SafeWork NSW immediately on 13 10 50.
Report all new injuries within two days of the injury:
Enter the details of the injury in your Register of Injuries. You are required by law to ensure you keep track of work-related injuries and illnesses, and acknowledge this registration in writing to the worker
We encourage you to maintain regular contact with your injured worker and GIO to ensure all parties work together to achieve a successful outcome.

Question 7

What should I do if urgent medical attention is required?

Accepted Answer

If urgent medical attention is required following an accident or illness at work, the employer has a responsibility to provide the injured worker with first aid and/or arrange transport to medical treatment. All incidents involving a fatality or serious injury must be reported immediately to SafeWork NSW on 13 10 50.

Question 8

What weekly benefits do I pay an injured worker?

Accepted Answer

Under the NSW Workers Insurance Scheme, we are required to make an initial decision on liability and commence provisional liability payments within 7 days of receiving notification of an injury. Approval of these payments does not constitute an admission of liability under the Workplace Injury Management and Workers Compensation Act 1998.

If a claim is accepted under provisional liability or outright, you are obliged to pay compensation to the injured worker at the current weekly wage (award) rate on their normal payday and to deduct tax as you would normal wages.

Question 9

What does it mean if a claim is “reasonably excused”?

Accepted Answer

Once notified of a claim, GIO has seven days to commence provisional liability payments. In some cases, however, GIO may have a “reasonable excuse” not to commence provisional liability payments within this time frame.

The reasons GIO might give for not commencing payments include:

Insufficient Medical Information
Injured Person is unlikely to be a worker
GIO is unable to contact the injured worker
The injured worker refuses to release personal and/or health information relevant to determination
The injury and/or illness is not work related
The injury has been notified after two months
The injury is not significant

For additional information, please contact your GIO Case Officer on 13 10 10. More information can also be found on the State Insurance Regulatory Authority (SIRA) website.

Question 10

What is an Injury Management Plan?

Accepted Answer

In NSW, an Injury Management Plan (IMP) is developed by your GIO claims advisor in consultation with the employer, injured worker and treating doctor. The IMP outlines the steps required to assist the injured worker to get back to work and establishes the agreed Return To Work goal. The responsibilities of the injured worker, treating doctor and employer are also included in the Injury Management Plan. Please refer to state or territory legislation for details specific to each state.

NSW Workers Compensation FAQs