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.
GIO is an agent appointed by icare to deliver workers compensation claims management services to employers and workers in NSW.
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)'.
- Ensure that the worker immediately seeks first aid.
If urgent medical attention is required following an accident or illness or at work the employer has a responsibility to provide the injured worker with first aid and/or arrange transport to medical treatment.
In addition to waiving payment of a claim excess, reporting a claim within the required timeframe can make a significant difference to the cost of a claim and may also reduce your premium.
As an employer, it is your responsibility to continue to pay an injured worker on the usual pay days following an injury.
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 receipt of 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 rate (award) on their normal payday and to deduct tax as you would normal wages.
The claims excess payment applicable for all employers will be 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.
To be reimbursed for lost wages, you are required to send your GIO case officer a fortnightly record of the time the worker has lost due to injury or illness.
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.
Suitable duties are short-term work duties agreed between the employer, the injured worker and treating doctor, to assist the injured worker’s rehabilitation.
If your injured worker has some capacity for work, but cannot return fully to their normal role, as the employer you are responsible for providing suitable duties.
An Injury Management Plan (IMP) is developed by your GIO case officer in consultation with the employer, injured worker and treating doctor.
A Return-To-Work Plan outlines the duties to be provided to the injured worker in the form of a written action plan.
A common law claim is a claim for damages in which it is necessary for the worker to prove 'fault' in the form of negligence or breach of statutory duty on the part of the employer.
A "recurrence" is when the symptoms of a previous injury recur spontaneously without any external cause.