Workers’ Compensation Legislation

This report provides an overview of workers’ compensation legislation, including the requirements for reporting incidents/injuries, the claim management process in NSW, and guidelines for resolving conflicts. It also discusses the suitable work options for an injured worker when they return to work.

Running head: Workers’ Compensation Legislation 1
Workers’ Compensation
Legislation
(Student’s Details)

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Contents
Introduction.................................................................................................................................................3
Requirements for reporting the Incident/Injury...........................................................................................3
Company will not bear any compensation if:..........................................................................................3
Follow this process to notifying the insurance agent...................................................................................4
Report injury to supervisor......................................................................................................................4
Employer delivers the essential documents to worker.............................................................................4
File the workers’ compensation claim.....................................................................................................5
Relevant documents to claim workers’ compensation.................................................................................5
Health reports..........................................................................................................................................5
Injury report.............................................................................................................................................5
Letter of employment..............................................................................................................................5
Statement of witness................................................................................................................................5
Claim management process in NSW...........................................................................................................5
Key Stakeholders involved in claims management process.........................................................................6
Compensation guidelines to follow when conflict was to arise between any of the parties.........................6
Suitable work for David when he returns to the work.................................................................................7
Conclusion...................................................................................................................................................7
References...................................................................................................................................................8
Appendix A- Workers Claim Forms..........................................................................................................10
Appendix B- Medical Certificate/Certificate of Capacity..........................................................................19

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Introduction
Workers’ compensation is a type of insurance which provides cash paybacks and medical care to
workers or employees who are physically affected or injured while working at the workplace.
The workers’ compensation legislation in each authority support workers in the incident of a
work-related injury. The aim of Workers’ Compensation legislation is to provide compensation
to injured persons or their living dependent relatives in connection with workplace injuries.
In the workers’ compensation act, Companies pay for this protection, and will not need the
worker to contribute to the expense of remuneration. Weekly money compensations and medical
care are paid by the workers' insurance bearer, as coordinated by the Workers' Compensation
Board. The Workers' Compensation Board is a state-run office that processes the claims. If
Board intervention is essential, it will decide whether that guarantor will reimburse for money
advantages and/or medical care, and the amounts payable. (Boggs, 2015)
In this case study, David Johnson injured while working in his workplace, so he reported the
incident to his supervisor. David’s Doctor asked to take rest for 20 days and give him workers
compensation medical certificate. In this condition, David has a right to apply for workers’
compensation.
Requirements for reporting the Incident/Injury
According to the Workers Compensation Act 1987, in NSW, a worker should file a claim for
workers’ compensation if worker injured on the work or within the space of employment. The
incident includes any trauma injury, disease, occupational accidents, or illness due to work
activity or chemicals. But in order to claim workers’ compensation, following point must be
correct:
 It is very important that company has a workers’ compensation policy.
 The injured worker must be an employee of the company.
 The worker became injured while working at workplace.
Company will not bear any compensation if:
 Worker injured caused by fighting

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 Injuries sustained though committing a crime
 Injured while worker under the effect of drugs or alcohol
In any case, if an employee does not want to file a claim workers’ compensation benefit, then
employee just inform the employer about the injury and take medical treatment. If the employee
later realizes that they need claim of workers’ compensation benefit, because he now needs some
money for medical treatment, they must fill the claim form and send form to the workers’
compensation Agent.
But it is necessary that the employer should be complete the report and sent to the workers’
compensation Agent even if employee want to filed a claim or not. (Oliphant & Wagner, 2012)
Follow this process to notifying the insurance agent
Report injury to supervisor
As per the Workplace Injury Management and Workers Compensation Act 1998, all the steps are
essential to follow by an employer and employee. Reporting your injury to your supervisor or
employer is the initial step of workers’ compensation claim. If a worker does not report his
injury to the employer then, a worker will not be able to claim compensation. While each state
has its own rules and requirements regarding this. If a worker does not follow the correct
process, the worker may lose his right to claim workers’ compensation benefit. It is necessary
that the worker reports the injury to the guarantor in 48 hours of being alerted. (Larson, 2018)
In NSW, if the worker does not report his injury within five calendar days, the worker may pay a
‘claim excess payment’ which is equal to worker’s one-week compensation payments. Once the
worker reported, the insurer provides a reference number to a worker and also provides all the
information about payments, working hours after recovery and any other detail. Workers
compensation claim number will appear on all post related to your claim. After all the procedure
worker should send this claim number to doctor, insurer and treatment provider. (King & Larry,
n.d.)

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Employer delivers the essential documents to worker
Once the worker reported the injury, employer should give some documents to worker. These
documents include reporting form for workers’ compensation claim provider, reporting form for
the state workers’ compensation board, information of benefits in workers’ compensation and all
the details about returning on job after recovery. (Hawkins, 2016)
File the workers’ compensation claim
For file the workers’ compensation claim, worker needs one more document which is worker’s
medical report, which provides by doctor. After all this process worker submits all the
documents to workers’ compensation insurance agent. (Ruseckaite & Collie, 2011)
Relevant documents to claim workers’ compensation
It is just a process to claim the workers’ compensation, but worker quiet need to prove many
things before worker can receive the compensation benefit. Claim insurance or compensation is a
long process and it includes many step and proper documentation. As per Workers
Compensation Act 1987, to claim the workers’ compensation benefits, worker needs some
evidences which include:
Health reports
Worker needs a proper health report from before and after the injury. These reports can prove
that what part of worker’s body injured and how serious it is.
Injury report
Injury report which is provided by employer, it can be very useful to claim the workers’
compensation.
Letter of employment
Letter of employment is very helpful to prove the job and existence of worker in company.
Statement of witness
Coworker’s statement is very beneficial to claim the workers’ compensation.

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If a worker has all these proper documents, then worker will be able to claim workers’
compensation. The idea to maintain all the documents is very difficult but it is the right and
effective way to claim workers’ compensation benefits. (Ball, 2016)
Claim management process in NSW
In NSW, from 1 January 2018, workers have the option to report the injury online. Online
system to apply for workers’ compensation is a good strategy to improve the claim procedure.
Changes are being acquainted with the organization of the laborers remuneration plan model in
NSW. All specialists in NSW are secured for work related injuries and sicknesses under state
legislation, even if their company is uninsured. (Neumark & Savych, 2018)
It's mandatory for most businesses in NSW to hold a workers protection or insurance policy. If
any company doesn't hold a legitimate workers insurance policy, workers can advise a claim
through the uninsured scheme, which is managed by icare (Insurer in NSW).
Key Stakeholders involved in claims management process
For regulating the NSW workers’ compensation system, the State Insurance Regulatory
Authority (SIRA) is responsible. In NSW, three kinds of insurers work for workers
compensation systems which are icare, Self- insurers and Specialized insurers. (Collie, et al.,
2013)
There are a few different government divisions and other industry groups associated with
Workers Compensation:
 SafeWork NSW
 The State Insurance Regulatory Authority (SIRA)
 Insurance and Care NSW
 Workers Compensation Commission in NSW
 The Workcover Independent Review Office (WIRO)
 The Workers Health Centre
 The Injured Workers Support Network
 The Industrial Health and Research Foundation (Loyola & Ramon, 2014)

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Compensation guidelines to follow when conflict was to arise between any of
the parties
Workers' Compensation Act is to funding compensation to injured workers or their living
dependents in connection with industrial injuries. But if there was a conflict arises between two
parties, then workers compensation act is not responsible for it. (Alexander & Phillipa, 2015)
Suitable work for David when he returns to the work
Section 248 of the Workers Compensation Act 1987 states:
A company must not fire a worker because of an injury related to work within six months from
when the worker first became unhealthy as an effect of the injury.
The main aim to provide workers compensation is to help worker to recover and return to work.
Companies or employers have a special plan related to injury management. The aim of injury
management plan is to accomplish safe, timely and long-lasting return to work for workers.
(LOYOLA & Ramon, 2014)
David was working as the store person and his main work is loading and unloading the boxes of
frozen foods. But after recovery he will not be able to do heavy loading work because his back
was twinge and doctor told him to take complete rest for 20 days. If David will be able and want
to do his previous work then it will be his choice but company follows some terms and
conditions. Company firstly discusses the work options with David and then assigns the right
work according to David’s Health. After the discussion, employer review the capacity of
employee as described in certificate of capacity.
In NSW, the certificate of capacity is essential to mention the injury of worker in workers’
compensation scheme. The objective of this certificate is to provide the safe recovery and back to
work of employee. (GUMBERT & Jnana, 2008)
Company or employer provides specialized rehabilitation facilities to help the injured workers to
return to work. These services are:
 Design the suitable job or work for the worker.
 Ensure that worker is able to do work or not.

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 Encourage worker who return to work. (ROBINSON & Kasarne, 2010)
Conclusion
This report properly described about Workers’ compensation legislation. Workers’
Compensation Act is required to keep the employees safe from any work related injury. In this
case study, David injured while working at workplace and doctor certified David unfit for 20
days. He wants to claim the workers’ compensation.
This report analyzes all the rules related to Workers’ compensation legislation. The workers’
compensation law in each department support workers in the incident of a work-related injury. If
any worker faces injury on the job, then workers’ compensation act provides cash benefits,
eligible medical treatment and early return to work program.
Sometimes employees or employers try to taking unjustified advantage of the workers’
compensation legislation. Because of this reason, workers’ compensation board follow the strict
rules and investigate all the documents before provide the claim. For avoiding this type of
condition, employee and employer must follow all the rules at the time of file the claim of
workers’ compensation benefits.
References
Alexander & Phillipa, 2015. Costs hurdles in workplace injury damages claims in NSW. Precedent,
Volume 131, pp. 58-59.
Ball, C., 2016. California Workers' Comp: How to Take Charge When You're Injured on the Job.
California: Nolo.
Boggs, C., 2015. The Insurance Professional's Practical Guide to Workers' Compensation. United States:
Lulu.com.
Collie, A. et al., 2013. Sickness certification of workers compensation claimants by general practitioners
in Victoria, 2003–2010. Medical Journal of Australia, October, 199(7), pp. 480-483.
GUMBERT & Jnana, 2008. Judicial review in the NSW motor accidents and workers' compensation
schemes.. Precedent, Issue 85, pp. 20-24.

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Hawkins, D., 2016. Workers' Compensation. Workers' Compensation, 22 June.
King & Larry, n.d. How a legislative provision erodes damages for workplace injuries in NSW. Precedent
(Sydney, N.S.W.), Volume 131, pp. 40-46.
Larson, L. K., 2018. Workers’ Compensation Law: Cases, Materials, and Text. Durham: Carolina
Academic Press.
LOYOLA & Ramon, 2014. Challenges amid complexity in NSW workers compensation.. Lsj : Law
Society of Nsw Journal, October, Issue 5, pp. 70-71.
Loyola & Ramon, 2014. Legal updates: Employment law: Challenges amid complexity in NSW workers
compensation. LSJ: Law Society of NSW Journal, october.Volume 5.
Neumark, D. & Savych, B., 2018. The Effects of Provider Choice Policies on Workers' Compensation
Costs.(RESEARCH ARTICLE). Health Services Research, December.37(1).
Oliphant, K. & Wagner, G., 2012. Employers' Liability and Workers' Compensation. Berlin: Walter de
Gruyter.
ROBINSON & Kasarne, 2010. NSW Workers' Compensation Legislation Amendment Bill 2010.
Precedent, Issue 101, pp. 43-44.
Ruseckaite, R. & Collie, A., 2011. Repeat workers' compensation claims: risk factors, costs and work
disability. BMC Public Health, 22 June, Volume 11, p. 492.

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Appendix A- Workers Claim Forms

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Appendix B- Medical Certificate/Certificate of Capacity

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