Business Communication

Session 5 – WorkCover and Workers

Compensation
 WorkCover (1)
• A government body that works with the
employers, workers and community of NSW to
achieve safer and more productive workplaces,
and effective recovery, return to work and
security for injured workers
• WorkCover administer occupational health and
safety, injury management, return to work and
workers compensation laws, and manage the
workers compensation system.
 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
 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 injury
management 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
 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
 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
 Workplace inspectors (3)
• Enforcement role
• In certain circumstances, inspectors have the power to:
• Issue notices which require employers to remedy unsafe
working conditions or hazards
• Issue notices which prohibit work from continuing until a
hazard is fixed
• Issue notices requiring employers to provide proof of
correct workers compensation insurance
• Issue on-the-spot fines for breaches of occupational
health and safety legislation
• Collect evidence and recommend a prosecution.
 WorkCover Compensations Act
• To establish a workplace injury management and
workers 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.
 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 between
injured 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.
 Workers Compensation Commission
• The Workers Compensation Commission resolves
workers compensation disputes. We encourage
workers and employers to discuss ways of
resolving their dispute at all stages of the process

http://www.wcc.nsw.gov.au/default.htm
 Workers Compensation -1
• All employers in NSW (except exempt
employers) must have a workers compensation
policy to insure themselves against compensation
claims for workplace injuries.
• The insurance is a legal requirement under the OHS
Act
• When employers take out a workers compensation,
this policy covers any of the employer's workers
(whether permanent or casual) in the event of them
suffering a work-related injury or illness.
 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)
 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. 
 WorkCover Insurance
• Sole traders and individual partners in a
partnership cannot be covered under a workers
compensation policy in their name because they
are not considered to be workers under the
Workers Compensation Act.
• WorkCover advises sole traders and partnerships to
take out a personal accident and illness policy or an
income protection policy, in case they are unable
to work. This is not a WorkCover requirement.  
 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
 Scheme Agent
• Scheme agents are appointed by WorkCover to:
• issue workers compensation insurance policies
• determine and collect insurance premiums
• manage workers compensation claims
• provide support for injured workers, including
rehabilitation
• pay workers compensation benefits to injured workers
• manage any third party service providers (eg medical
or rehabilitation services). 
Scheme Agents appointed by WorkCover

• Allianz Australia Workers’ Compensation

(NSW) Limited
• Cambridge Integrated Services Australia Pty
Ltd trading as Xchanging
• CGU Workers Compensation (NSW) Limited
• GIO General Limited
• QBE Workers Compensation (NSW) Limited
 Benefits and claims
Death benefits and family support 
• The benefits that may be payable when a
worker dies as a result of a workplace injury
include:
• a lump sum
• weekly payments for dependents
• reasonable funeral expenses.
• http://www.workcover.nsw.gov.au/Pages/Sear
chResults.aspx?k=video
• (small business support)
 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
 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
 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
 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.
 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.
• http://www.youtube.com/watch?v=KOuFa-AZq
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• http://www.youtube.com/watch?v=6bL3GR4iA
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• http://www.youtube.com/watch?v=JUas9uNP
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