Employers, Employees and Workers Compensation
Employers hire workers in what is called a ‘contract of service’. This means that workers are taken on in writing or verbally to work full time, part time or on casual basis. The ‘contract of service’ is an agreement between employer and workers to perform tasks over a set time agreed by the two parties.
A worker can work all day, every day or just a few days here and there, they are still classed as an employee under a ‘contract of service’. This also means a worker can be employed to do a number of roles from managerial positions to casual positions.
And how does this relate to ‘contract of service’ and workers compensation? Well, a worker who is employed under a ‘contract of service’, and has been working for a single employer over a period of time is a worker for the purpose of workers compensation. This means they are eligible for workers compensation should they need it.
Employers and Workers Compensation Claims
There are a few things employers need to do when it comes to making a workers compensation claim. There are forms that need to be filled out within 48 hours of being notified of the injury. These forms must be easily accessible to employees and filled out correctly to claim. The employer also needs to record the injury in the Register of Injuries as well as the date and time of injury in a Notice of Injury.
It is very important that the employer gives notice of the injury within 48 hours otherwise they could be liable for full compensation costs from the time the employee notifies them to the time the insurer is notified. This money cannot be claimed back on insurance either. There are a number of steps that need to be taken by employers when it comes to workers compensation claims:
- Notify the insurance company within 48 hours of the worker advising of the injury
- This claim then needs to be documented and sent to the insurer within 7 days
- Now the paperwork is done, the employer needs to assist in creating a Personal Injury Plan with the insurer and run on the job rehabilitation
- It is also vital that payments are made on time and in full to the injured employee
- Depending on the injury to the employee, other work arrangements may need to be made if they want to continue to work within six months.
Employer Guidelines for Workers' Compensation
It is really important for employers to follow strict guidelines to be compliant when claiming for workers compensation.
- Have a current policy covering workers compensation in ACT and display this with information pertaining to the insurer.
- Be compliant with the insurers program
- Give all employees access to a document to register their injuries.
- Be able to provide details of wage reports, and information about the injury to the insurer.
- Create a Return to Work Program that has been created by employer and employees outlining rehabilitation providers.