Question 1

How do I pay for my Workers Compensation policy?

Accepted Answer

We provide several options for paying your Workers Compensation premiums, including online with your credit/debit card, BPAY, general mail, or by phone. The only exception is NSW; policy holders in this state need to pay for and renew their policies through icare Workers Insurance.

Question 2

How are Workers Compensation premiums calculated?

Accepted Answer

We will use the wage information provided in your Estimated Wages Declaration Form to calculate your premium.

There are also additional factors taken into consideration by GIO when calculating Workers Compensation Insurance premiums, including:

Industry type
Cost of previous workers compensation claims associated with the business
Claims history
Applicable government charges

At the term expiry, your premium will be adjusted based on the information provided in your Actual Wages Declaration Form. If your actual wages are lower than your estimated wages for the policy period, you may receive a refund of premium. If your actual wages are higher than your estimated wages, you’ll need to pay extra premium.

Question 3

What are the benefits of reporting injuries early?

Accepted Answer

Reporting a claim within the required timeframe can make a significant difference to the cost of a claim and may also reduce your premium. This is because the earlier a claim is reported, the sooner a coordinated approach to treatment and return to work can start. GIO can guide you step by step through the process of facilitating early recovery and return to work, which can reduce claims costs. This process is critical, as claims costs can directly impact workers compensation premiums paid by employers.

Question 4

What are my workers compensation responsibilities as an employer?

Accepted Answer

As an employer, you must:

have Workers Compensation Insurance that is current
be able to produce proof of coverage if requested by the Regulator
prominently display at each workplace details of your insurance coverage.

Question 5

Do I need to continue to pay an injured worker’s wages after an injury occurs?

Accepted Answer

As an employer, it is your responsibility to continue to pay an injured worker on the usual pay days following an injury. GIO will inform you of the process for calculating the weekly compensation wage rate to be paid to the worker. For more information, contact your claims advisor or GIO on 13 10 10.

Question 6

How do I get reimbursed for wages lost due to a work injury?

Accepted Answer

To be reimbursed for lost wages, you are required to send your GIO claims advisor a record of the time the worker has lost due to injury or illness. By sending this record to GIO, we can ensure that you are reimbursed promptly.

Question 7

What is the definition of a ‘worker’?

Accepted Answer

Generally, a ‘worker’ is an individual who works under a contract of service with an employer, whether the contract is expressed or implied, oral or written, or an individual who works under a contract or at piecework rates for labour or substantially labour only. Workers’ also include casuals, working directors of the company, outworkers, and in certain cases, contractors. Please refer to applicable state or territory legislation for specific definitions, which vary depending on the jurisdiction.

Question 8

What are suitable duties?

Accepted Answer

Suitable duties are short-term work duties agreed between the employer, the injured worker and treating doctor, to assist the injured worker’s rehabilitation. Suitable duties must comply with a current medical certificate.

Question 9

What is a Return To Work Plan?

Accepted Answer

A Return To Work Plan outlines the duties to be provided to the injured worker in the form of a written action plan that explains how you will help your injured worker stay at work while they recover. This plan is to be supplied to all parties.

Question 10

What is a common law claim?

Accepted Answer

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 Workers Compensation policy will often also cover liability for any work related 'common law' claims by employees. The extent to which a worker may bring a common law claim varies from state to state or territory.

Question 11

What is the difference between a "recurrence" and an "aggravation" of an injury?

Accepted Answer

A "recurrence" is when the symptoms of a previous injury recur spontaneously without any external cause. This would result in the "old" claim being reopened. An "aggravation" is when symptoms of a pre-existing injury are increased by a new and definable event.

Question 12

Who is the Primary Treating Medical Practitioner?

Accepted Answer

A Primary Treating Medical Practitioner (PTMP) is the medical practitioner chosen by the worker to participate in the injury management process. A worker has the right to select their own PTMP; it is usually the worker’s own GP/doctor. The role of the Primary Treating Medical Practitioner varies by state but in general they:

provide primary medical care to the injured worker
diagnose the nature of the injury or illness
refer the injured worker to specialist care, or provide the injury management co-ordinator with information for them to co-ordinate care
provide workers compensation medical certificates
inform the employer about any specific work restrictions
monitor, review and advise on the worker’s condition, progress, work capacity and treatment
take part in developing return to work plans and injury management plans.

Workers have an obligation to notify their employers if they change their Primary Treating Medical Practitioner.

Question 13

What is a ‘Register of Injuries'?

Accepted Answer

A ‘Register of Injuries’ is used to record the details of each injury that occurs in the workplace, regardless of whether or not a claim is made. It should be kept by the employer where it is readily accessible to the workers.

Question 14

What is a certificate of Currency and how can I get one?

Accepted Answer

A Certificate of Currency provides confirmation of a current Workers Compensation policy and is valid for up to 12 months from the date of issue or until the policy expiry date, whichever occurs first.

You can obtain a copy by logging into your GIO Online Services. After logging in, navigate to ‘Your Insured Policies’ and select the policy you would like to obtain your Certificate of Currency for. On the policy overview, click ‘Get documents’ and then select, from the drop-down options, 'Certificate of Currency'.

You can then choose which email address you want the document sent to – it will default to what we have in your contact information, however, you can easily change it to whatever you prefer.

Question 15

What must an employer do if there is a workplace injury?

Accepted Answer

Attend to the injured worker as soon as possible;
Notify GIO within 3 working days;
Give the worker written notice advising of their right to make a claim within 14 days;
Accept the worker’s claim form (notifying their insurer of the claim within 3 working days) and then forward the claim to the insurer within 5 days;
Start making weekly compensation payments within 14 days of receiving a new claim, or on the next payday where it is later than 14 days after receipt of the claim;
Keep the worker’s position open for a period of at least 12 months;
Provide the injured worker with suitable alternative duties. If it’s unreasonable or impracticable to do so, the employer must advise the worker in writing of the reasons;
Ensure that an injured worker is assigned to a Return to Work Coordinator as soon as practicable in the event of a significant claim (where more than 100 employees are employed);
Participate and co-operate with GIO to develop a Return to Work and / or Injury Management Plan for the injured worker;
Provide suitable and meaningful duties in the workplace for an injured worker, wherever practicable

Question 16

How long can weekly compensation payments continue?

Accepted Answer

The maximum duration of weekly compensation payments is generally linked to the level of a worker’s “Whole Person Impairment” (WPI), which is determined by a medical assessor who looks at the degree to which their capacity to carry out daily duties has been diminished by the injury.

Weekly compensation payments may continue up to:

9 years if the WPI is less than 15%;
12 years if the WPI is 15% or more but less than 20%;
20 years if the WPI is 20% or more but less than 30%;
pension age (as per Social Security Act 1991) if the WPI is 30% or more; or
12 months if a worker has already reached pension age when the injury occurs.

Question 17

When is an injured worker entitled to lump sum payments for permanent impairment?

Accepted Answer

A worker who suffers a permanent impairment as a result of a work injury may also be entitled to receive a lump sum payment for the impairment involved. A lump sum payment entitlement is calculated as a percentage, using formulas contained within the workers compensation legislation. Generally for physical injuries, the worker’s “Whole Person Impairment” (WPI) must be at least 5% and for psychological injuries at least 10% before an entitlement exists, further details relating to lump sum payments can be found here Workers Compensation: The Handbook WorkSafe Tasmania

Question 18

When are Employers required to prepare Return to Work Plans?

Accepted Answer

When are Employers required to prepare Return to Work Plans?

Employers are required to develop Return to Work Plans when
total or partial incapacity exceeds 5 business days and is ongoing
incapacity relates to only one diagnosed condition
the incapacity is not deemed as a significant or complex injury
the medical treatment plan recommends conservative treatment

Employers are required to prepare Return to Work Plans to suit the needs of the individual who is injured and assist and promote optimal return to work outcomes.
Return to Work Plans will be agreed to, prepared and implemented within 10 business days from the date of the consultation with the Primary Treating Medical Practitioner as indicated on the medical certificate.
GIO will engage with employers to ensure these plans are prepared and implemented within the required timeframe

Question 19

Do employers with more than 100 employees have additional workers compensation responsibilities?

Accepted Answer

Yes, employers with more than 100 employees must also:

Provide their insurer with a list of suitable alternative duties within 60 days of taking out or renewing an insurance policy;
Appoint a Return To Work coordinator (RTWC) who must be assigned to a worker who suffers an injury likely to result in incapacity of more than 5 working days.

Question 20

Can workers compensation benefits be altered or stopped?

Accepted Answer

If the employer or worker wishes to query the rate of weekly compensation payments being made, a reference needs to be filed with the Tribunal seeking a review of those payments.

An employer may reduce or stop a weekly payment to a worker only when;

A worker has returned to work
A worker is receiving more than the amount of the weekly payment (payment above compensation)
When a medical practitioner who has examined the worker has certified that they have wholly or substantially recovered from the work injury
The Tribunal may make a determination that payment should be either reduced or stopped or in some cases increased
If there is a change in the ordinary hourly rate of pay during a period of incapacity, the weekly payment should be increased or decreased by the like amount

If an employer intends to stop weekly compensation payments altogether, they generally will need to have medical reasons for doing so and advise the worker in writing ten days beforehand.

Question 21

Do I need to notify WorkSafe Tasmania if a worker is injured?

Accepted Answer

Yes, the employer must notify WorkSafe Tasmania as soon as possible if any of the following incidents have occurred in the workplace

a death, or
someone suffers a serious injury or illness, or
a dangerous incident

Electric shocks must also be reported to TasNetworks on 13 20 04.

To contact WorkSafe Tasmania dial 1300 366 322 when calling from Tasmania. Outside of Tasmania callers must use (03) 6166 4600.

Further information is available here WorkSafe Tasmania in respect to the definition of a serious injury or illness and a dangerous incident.

Within 48 hours, the employer must also complete and lodge online, an Incident Notification Form which can be found here Incident Notification Form

Question 22

What do I need to do if I receive a notice of injury?

Accepted Answer

If you receive a notice of injury, you have 14 days to provide your worker with a written notice informing them of their right to make a claim under the Act.

This Notice of Right to Make Workers Compensation Claim form can be found here WorkSafe Tasmania Forms and Guides or by searching for GF172.

You must also notify GIO within 3 business days:

if the injury results in, or is likely to result in, total or partial incapacity
once you receive a claim for compensation

The employer is also legally required to complete the employer section of the claim form and forward it to GIO within 5 business days.

If an employee suffers a serious injury, death or electric shock you must notify WorkSafe Tasmania immediately on (03) 6166 4600 (outside Tasmania) or 1300 366 322 (within Tasmania). Electric shocks must also be reported to TasNetworks on 13 20 04

The online Incident Notification Form for serious injuries must also be lodged by employers within 48 hours and can be found here Online Incident Notification Form

To report an injury to GIO, please call us on 13 10 10 or email giowctas@gio.com.au.

To notify GIO of a new claim, you simply need to provide your contact details, your workers compensation policy number, the worker's name, address and date of birth, and details of the incident.

GIO is committed to early intervention and recovery of injured workers and is dedicated to working with employers and workers to support early return to work activities. GIO has long identified that the long-term absence from work is harmful to physical and mental wellbeing however, returning safely and quickly to work has strong benefits for the individual, their family, their employer and the sustainability of an Injury Management Scheme.

Question 23

What medical expenses are covered by a workers compensation claim?

Accepted Answer

Generally, the cost of reasonable and necessary medical expenses incurred by the worker are covered for up to one year after their entitlement to weekly compensation payments ceases. However, the Workers Rehabilitation and Compensation Tribunal (Tribunal) has the power to extend the employer’s liability for medical expenses in what are wide ranging circumstances.

Medical expenses may include costs associated with pharmaceutical, ambulance, hospital, nursing, rehabilitation or constant attendance services, as well as examination or treatment by medical practitioners, physiotherapists, dentists, opticians, chiropractors, osteopaths, etc. The injured worker’s reasonable travelling expenses in connection with medical appointments will also be reimbursed. Travel involving the use of a motor vehicle is reimbursed at the rate set down in the Tasmanian State Service Award.

Regardless of whether a new claim is accepted (pending further information), an employer is generally required to meet the cost of a worker’s medical and rehabilitation expenses, up to a limit of $5,000.

Accounts for medical expenses must be forwarded by a worker to their employer within 7 days of receipt, and similarly by the employer to their insurer within 7 days of receipt.

Question 24

How are questions or disputes relating to claims resolved?

Accepted Answer

Questions, queries or disputes regarding weekly compensation and/or other benefits may in the first instance be directed your GIO Claims Advisor. Any query regarding workers compensation may also be directed to WorkSafe Tasmania, which operates a free information and assistance service. Phone 1300 366 322 (inside Tasmania), outside of Tasmania callers must use (03) 6166 4600. Further details can be found here WorkSafe Tasmania.

If an agreement cannot be reached, a dispute may be referred to the Workers Rehabilitation and Compensation Tribunal, who will determine the appropriate manner of resolving the disagreement. In some circumstances, costs may be awarded against an unsuccessful party.

The dispute resolution process allows for matters to be resolved as quickly, informally and economically as possible. Appeals may be made from determinations of the Commissioner of the Workers Rehabilitation and Compensation Tribunal to the Supreme Court on points of law only. Parties to disputes may, with the approval of the Tribunal, be assisted or represented at hearings before the Tribunal.

The Injury Management Co-ordinator, so far as is reasonably practicable, will also ensure that attempts are made to resolve disputes in relation to injury management in respect of the worker, including mediating disputes in relation to rehabilitation and return to work and / or providing or arranging informal mediation as appropriate.

Question 25

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 26

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 27

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 28

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 29

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 30

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 31

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 32

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 33

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 34

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.

Question 35

When is a worker covered for workers compensation?

Accepted Answer

A worker may be entitled to compensation for an injury or disease that occurs/arises:

during the course of employment; or,
by an accident arising out of employment.

Question 36

What is the definition of ‘remuneration’?

Accepted Answer

‘Remuneration’ means the aggregate amount of wages, salary, or other remuneration to be paid to your Workers.

Remuneration includes every payment made to or for the worker for their services, without deduction of income tax. It includes:

all wages,
salaries,
remuneration,
commissions,
bonuses,
overtime,
allowances and the like,
directors’ fees,
superannuation contributions (except those made by force of law),
fringe benefits,
and all other benefits paid (whether paid in cash or non-cash benefits such as vehicles, equipment, mortgage payments, travel, school fees etc.)

For more information, see our forms and guides or go to the WorkCover WA website.

Question 37

Do I have to cover my contractors and sub-contractors?

Accepted Answer

It depends on whether the contractor or sub-contractor is defined as a ‘worker’. The term ‘worker’ includes:

A contractor to whose service an industrial award or agreement applies;
A contractor engaged to work for the purpose of your trade or business, whose remuneration is in exchange for their personal manual labour or services.

For more information, see our forms and guides or go to the WorkCover WA website.

Workers Compensation FAQs

General

Tasmania

New South Wales

Western Australia