WorkCover Queensland is an insurance company set up by the state government to cover all workers in Queensland who sustain an injury at work. Importantly, it’s a faultless scheme, which means any injury caused at work (no matter who is at fault) is covered. It’s a compulsory scheme, so if you are an employer of any kind, the following details may apply to you (and probably do).
Paying your insurance
If you’re an employer in Queensland, you are legally obliged to insure your workers against work-related injuries or illness.
This is critical. If you fail to insure a worker who sustains an injury at work, WorkCover will still pay out a claim to an injured worker. However, they may take steps to recover any monies paid to the worker from you or your business directly.
These claims often reach the tens and even hundreds of thousands of dollars. Moreover, as a punishment for not doing the right thing, WorkCover may increase the sum payable by 150 per cent as a penalty to act as a deterrent to employers from trying to avoid the compulsory insurance scheme.
Even in circumstances where a claim is not made by an injured worker, WorkCover may issue a fine to an employer for not insuring its workers. It is an offence in Queensland not to insure and criminal charges may also be issued.
Which policy is right for you?
Firstly, if you have paid your premiums, you should know that you are covered by a superbly effective scheme (in comparison to other interstate schemes) that treats workers and employers fairly and attempts to support workers when they return to work after an injury or illness.
However, the scheme is only robust because it has checks and balances that require a) employers to select an appropriate level of cover, and, b) workers to show that they are eligible to claim within each given policy.
Most policies taken out are “accident insurance” policies. Essentially, this type of policy applies to all workers while at work (or travelling to and from work) and who are performing work-related activities (including having a lunch break).
However, in the modern world, it is important to consider whether alternative policies are applicable. For example, if your workers are working from home, if you have volunteers in your business, or if you offer school-based work experience.
Separate policies are required in these circumstances and should be considered by a prudent employer.
What happens if one of my employees is injured?
If a worker is injured at work, they will most likely seek medical assistance. As an employer, is important to assist your worker in seeking immediate medical attention. In most cases, a worker will obtain a medical certificate from their doctor called a “work capacity certificate” detailing the injury and outlining an appropriate treatment plan (often with time away from work or reduced activities).
It is the worker’s responsibility to obtain the certificate. However, as an employer you have an obligation to notify WorkCover as soon as possible when a worker sustains an injury or reports an injury to you. Irrespective of whether a claim exists, the employer must report all injuries of all workers to WorkCover, and it is offence not to do so, without a reasonable excuse.
Moreover, if there is a work-related death, a serious injury or illness, or a dangerous incident at your place of work, the incident must also be reported to WHS.
Once an injury is reported, you should take steps (within eight days) to provide an “employer’s report” to WorkCover, with these details:
Copies of these forms are available at www.worksafe.qld.gov.au
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You may also lodge a claim on behalf of your worker at this time (if it has not already been done). To do so, you will need a copy of the Work Capacity Certificate.
WorkCover will ask you for the normal weekly earnings wage figures and working hours for your worker (if they’re taking time off). You’ll also need the amount payable under your worker’s industrial agreement.
Once a claim has been lodged, WorkCover will manage the worker’s treatment costs and rehabilitation program in conjunction with the worker’s doctors and rehabilitation team. WorkCover will also fund the worker’s income for any time away from work. Importantly, as the employer you will be responsible for the first week of pay.
After the worker has sought appropriate treatment, it is time for you to liaise with your worker and determine a “return to work program”. This program is usually at the direction of the worker’s doctor who would normally provide the appropriate changes or restriction to a worker’s duties or activities in the Work Capacity Certificate.
Although it is not entirely relevant for an employer to be aware of the sums paid by WorkCover to a worker, it should be noted that WorkCover will only fund 85 per cent of the worker’s wages for the first 26 weeks off work and will reduce these payments to 75 per cent and the 65 per cent at 52 weeks and 104 weeks respectively. WorkCover will pay the tax applicable for those payments but will not pay any superannuation payments on the monies paid to a worker.
But wait ... there's more! We'll be releasing part two of this blog soon.
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