How do employees make a workers' compensation claim?

If an employee is injured or becomes ill due to their work, they generally need to follow these steps. First, notify their employer as soon as possible about the incident. Next, seek medical attention and ensure their doctor completes a WorkCover medical certificate. Finally, they must lodge a claim form with their employer or the relevant state or territory workers' compensation authority.

What are the penalties for not having workers' compensation insurance?

Not having compulsory workers' compensation insurance can lead to serious penalties for employers. These typically include significant fines and in some instances even jail time. Additionally, if an uninsured employee is injured at work the employer may be liable to pay all the costs associated with the injury including medical expenses and lost wages which can be substantial.

What does 'remuneration' include for workers' compensation premiums?

For workers' compensation purposes, remuneration generally refers to the total amount you pay your workers. This includes wages salaries commissions bonuses allowances superannuation contributions annual leave and sick leave payments. Some non-cash benefits or specific fringe benefits may be excluded. It is important to accurately calculate your total remuneration, as it directly impacts your premium.

Does workers' compensation cover mental health conditions?

Yes, workers' compensation can cover mental health conditions if they are determined to be work-related. For a mental health condition to be covered, it must be proven that employment was the main contributing factor to the condition. This can be complex and the specific criteria and evidence required may vary by state or territory.

Do I need workers' compensation for contractors or subcontractors?

Independent contractors and subcontractors typically hold their own insurance policies including their own workers' compensation or personal accident insurance. However, there are circumstances where a contractor may be considered a 'deemed worker' or 'employee' for workers' compensation purposes requiring you to cover them. This often depends on factors such as whether they work solely for you use your tools are paid hourly or do not operate an independent business with their own ABN. If you are unsure it is best to check with your state or territory's workers' compensation authority.

What is the difference between WorkCover and workers' compensation?

There is no fundamental difference between WorkCover and workers' compensation. WorkCover is simply a common term used in some Australian states like Victoria and Queensland to refer to their workers' compensation scheme or the government authority that manages it. Across Australia workers' compensation insurance is the general legal requirement for employers to cover their employees against work-related injury or illness.