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Workers Compensation

Our workers compensation services are bespoke to the specific needs of our clients and the level of support they require.

Overview

Gallagher Workplace Risk have the blueprint to work in partnership with clients to ensure the best practice management of their workers compensation program in all states and territories, noting the fractured structure of workers compensation in Australia.

Many organisations are subject to rising claims and increasing insurance premiums over which they feel they have no real control.

Engaging Gallagher Workplace Risk provides tangible benefits to clients, ensuring outcome focused strategies to achieve most cost effective outcomes.

Gallagher Workplace Risk will apply our technical expertise to analyse workers compensation performance and risks, determine areas for improvement, and provide regular forecasting to assist budgeting and cash flow, and help organisations achieve savings on premium.

We also act as an employer advocate, helping our clients to navigate the often complex and technical claims and injury management process to provide effective and efficient resolution.

Our Expertise

We have the strategies and experience to support businesses of all sizes, sectors and sophistication.

We are a team of highly skilled and experienced workers compensation consultants with a proven track record in reducing claims and premium cost. Our team partners with our brokers, clients and specialist placement teams within Gallagher to set strategic direction, and to monitor and achieve targets that will reduce costs.

Our key approach to working with our clients is to focus on problem solving and developing specific solutions. Our expertise ranges from workers compensation policy placement, to claim and injury management solutions. Through our tightly monitored processes, we are able to influence the program rating to ensure outcomes that will reflect premium savings by reducing claims incurred, managing insurer and regulator relationships for favourable terms where possible.

Workers Compensation Master Class

Injury Management requires a strategic approach to workers compensation processes, policy based decision making, and individual claims management.

To find out more about our workshops click on the below link and head to Education and Training.

FAQs

Why do I need workers compensation insurance?

Employers are required by law to hold a current policy of workers compensation insurance. This is to cover the amount payable to any of your workers who suffer a work-related injury or compensable industrial disease. It’s certainly not an area to neglect; an accident doesn’t even need to occur to be hit by steep financial penalties. For starters, it’s important to be aware that failing to have workers compensation insurance can incur a penalty from your workers compensation authority. If an injured worker brings a claim during the period when you were uninsured, you will be responsible for the entirety of costs associated with that claim.

Please CONTACT Gallagher Workplace Risk for more information.

I am a sole trader/partnership, can I take out workers compensation insurance for myself?

No, sole traders or partnerships cannot take out cover for themselves. If you are a Working Director of a Proprietary Limited (Pty Ltd) company, you can opt-in to cover yourself for workers compensation. A Working Director is a director who executes work in the form of personal manual labour or services for, or on behalf of, the company.

Please CONTACT Gallagher Workplace Risk for more information.

Can I take a workers compensation policy out in the name of a trust?

A family member residing with the employer and employed within the business is defined as a ‘worker’ under workers compensation legislation. There is no need to disclose their names to have cover, however, their wages must be included when declaring wages.

Please CONTACT Gallagher Workplace Risk for more information.

What about family members? Do they need cover?

Contractors and subcontractors who have been engaged by you for the purpose of your trade or business are considered to be your ‘workers’ under the workers compensation legislation. Contractors are considered workers provided they are under a contract for service (i.e. not direct employees) and receive remuneration by whatever means as a return for their personal manual labour or service. If contractors and subcontractors have been or are likely to be engaged, they need to be declared when declaring wages. The workers compensation legislation makes an employer jointly and severally liable for injury to the workers of any of your contractors or subcontractors. It’s important that you satisfy yourself that all contractors and subcontractors have insurance covering their own workers.

Please CONTACT Gallagher Workplace Risk for more information.

What is defined as wages/remuneration, and what should be included in actual and estimated wage declarations?

Typically remuneration in workers compensation legislation includes the following:

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.) to or in relation to a worker (including working directors declared as such to us) or to contractors, before deduction of income tax. Remuneration does not include termination payments, retirement pay, retrenchment pay in lieu of notice, pensions, “golden handshakes”, or weekly payments of workers compensation.

Please CONTACT Gallagher Workplace Risk for more information.

What do I do if one of my workers has an injury?

If an injury occurs, you must ensure that the worker receives immediate first aid treatment if required and that the worker visits a qualified medical practitioner. Please notify your team at Gallagher Workplace Risk who will advise and assist you with the claims lodgement process and injury management process.

Who can make a claim?

Please notify your team at Gallagher Workplace Risk who will advise and assist you with this process. We are here to guide you through the process and clear up any confusion. The injured worker will be required to complete a claim form and return this to you with a medical certificate. We will check to ensure all the required information has been provided before lodging the claim to the insurer. Please note that all claims should be lodged in a timely fashion to avoid penalties from the workers compensation authority.

Please CONTACT Gallagher Workplace Risk for more information.

What is an Injury Management system?

Injury management is the management of workers’ injuries in a manner directed at enabling injured workers to return to work. It is the responsibility of employers and injured workers to cooperate in this process. An injury management system describes the steps the employer and worker need to take when a workplace injury occurs.

Please CONTACT Gallagher Workplace Risk to implement an industry best injury management process.

Is it compulsory to have an injury management system in place?

Under workers compensation legislation, you must establish an injury management system in your workplace. For example, WorkCover WA has issued a Code of Practice (Injury Management) 2005 (the Code). The Code explains your legal responsibilities. To support the Code WorkCover WA has also issued the Injury Management: A Guide for Employers publication (available in the Employer publications section) which provides information to assist employers to understand their legal obligations, provides guidance on developing an injury management system and contains a three step approach to effective injury management. Financial penalties apply to employers who do not comply with the obligations set out in the Code.

Please CONTACT Gallagher Workplace Risk to implement an industry best injury management process.

Do I need to maintain an injured workers employment while they can’t work?

Unless it is not reasonably practicable to return the worker to their pre-injury employment or find them alternative work, you must typically maintain an injured worker’s employment for 12 months from the day the worker becomes entitled to receive weekly payments of compensation. This also goes a long way to minimising the cost of the workers compensation claim and the impact on your premium.

There are some exceptions to this rule. For example, in WA if you wish to dismiss a worker receiving compensation you must complete a notice of intention to dismiss form 15G and provide 28 days notice to the worker; attach a letter to the Form 15G and forward to WorkCover WA explaining: the terms of the dismissal, the current medical certification of the worker and whether the worker is still in receipt of weekly payment.

Please CONTACT Gallagher Workplace Risk for more information.

Do you have in-house Occupational Therapists?

Yes. Gallagher Workplace Risk has in-house Occupational Therapists (OTs).

Occupational Therapy is a client-centred health profession concerned with promoting health and wellbeing both mentally and physically through occupation.

Qualified OTs achieve this outcome by working with injured workers and workplaces to enhance peoples ability to engage in occupations, or by modifying the occupation or the environment to better support their occupational engagement. This is in line with our focus on the health and wellbeing of your people.

Taking a proactive approach, we draw on our experience to put systems, process and practices in place, to protect the wellbeing of your people and to help employers avoid claims.

Please CONTACT Gallagher Workplace Risk to access our in-house OTs.

Downloads and Resources

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Policy Placement

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