Workers Compensation - It's not fair, I pay the premiums but I have no say in the claims
The above is something we often hear from our clients, however we do not believe that this needs to be the case. You, as the Employer, have a very important role to play in managing your workers compensation and consequently in influencing your premium.
Employers have a legitimate role in all phases of a workers compensation claim, from the initial claims determination through to common law, in those jurisdictions where common law is provided for.
You, as the employer, can be most influential in the claims determination and the claims management aspects of a workers compensation claim. At the claim determination phase, you are often the only source of information other than the claimant. Therefore, if you have information which is relevant to the determination you should provide such information to your insurer. Although this is the case for all claims, it is of course, most relevant to claims for psychological or psychiatric injury where the employer is without doubt the keeper of relevant information which must be considered if a claim is to be properly determined. It is sometimes difficult to know what information you should provide. We can certainly assist you with such a determination and where appropriate in collecting the necessary information. Understanding the requirements of the Act for a claim to be accepted or rejected is very important in understanding what information will be relevant to a claim determination.
In some jurisdictions, such as Queensland, if you are dissatisfied with a claim determination there are review and appeal processes. The validity and integrity of the workers compensation system is strengthened where such processes are utilised, where there is a genuine disagreement about a claim determination.
Once a claim is accepted we find that some employers take a ‘hands off’ approach. This is often out of genuine concern for the worker and not wanting to ‘do the wrong thing’ or ‘allow them back to early’. Sometimes it is out of fear - will I get the business in more trouble, will I be discriminating against them if I try to find them some meaningful work or suggest that they return to work in another role? We certainly advocate that this is a time where you must work with your injured employees, and where at all possible their treating practitioners, however it is also a time where facilitating a return to meaningful work will not only assist your employees, but will also manage your premium costs and clearly demonstrate a broader commitment to the wellbeing of your workforce. Provided, you manage the process well, in our view you reduce your risks of discrimination complaints, not increase them.
Workers Compensation and injury management generally can be a challenging area. We can assist you. We have experts in workers compensation, managing ill and injured employees (work or non work related), rehabilitation and return to work and discrimination.
For more information or assistance with workers compensation or managing ill or injured employees please contact Cheryl-Anne Laird, Director.
