The upcoming NSW medium to large business workers compensation changes mean the assessment of liability will be become increasingly critical. The ability to identify and document the facts of an injury can become crucial in minimising the future costs, speed of return to work and acceptance of liability. Employers who are suspicious of particular claims will benefit from use of investigators.
According to NSW Government’s Get Healthy At Work, Australians spend one third of their lives at work, so being healthy at work can have some big benefits. Healthier employees are alert, fitter and more resilient against illness. A successful workplace health program improves productivity, attracts new employees, enhances business image and reduces absenteeism.
Difficult workers compensation injuries and claims can have a dramatic people, business and financial impacts that can cause problems for your customers/clients. ABILITY GROUP specialises in providing a variety of injury and claim management related services that assist businesses and brokers navigate the complexities of workplace injuries and workers compensation claims in achieving favourable outcomes and allowing them to focus on their core business. As an example, 9 months after the original injury ABILITY GROUP was engaged to assist a client with a difficult workers compensation claim. Our client had typical time pressures and with the injured worker continuing to be paid, claim costs were escalating.
An accident at the Sydney Royal Easter Show resulting in several employees being badly injured whilst playing on the super-slide at 12:20am and after the show closed, would make many question if they should be covered by workers compensation. Given the severity of the injuries, WorkCover NSW are investigating this particular incident. Reflecting on this, we recall clients and partners asking what is and isn’t covered by workers compensation?
Unfortunately for business owners, workers compensation is a no-fault system where employees or sub-contractors who are even under the influence of drugs and alcohol or acting carelessly are typically covered. Given each scheme (state, specialised licences, national, etc.) is different, there is regrettably no easy answer. What this means is businesses need to be acutely aware and cautious.
After being involved with numerous degenerative disease claims, a business can be held unfairly liable for such claims. The workers compensation system, processes and insurers often hold the employer liable for the full claims costs.
At ABILITY GROUP we advocate for clients and partners in securing the best possible outcome for their business and injured workers. In our experience businesses are often wrongfully held liable for the actions and decisions made by an individual during the years prior to being employed by the current business. Regrettably if proactive or preventative actions are not adopted by businesses, then the ability to have such degenerative disease related claims declined becomes extremely difficult.