Dispute Resolution Reforms

Dispute Resolution Reforms

Beginning 1 January 2019, the State Insurance Regulatory Authority (SIRA) introduced reforms to the workers' compensation dispute resolution process, aligning with the Workers Compensation Legislation Amendment Act 2018. These reforms were designed to streamline claims handling, reduce disputes, and improve support services for injured workers and employers.

Goals of the Reform

  • Minimize disputes through clearer processes
  • Improve efficiency in claims management
  • Ensure faster responses from insurers
  • Enhance transparency and accountability
  • Provide stronger support services for both workers and employers

Five Key Changes Impacting Injury Management

  1. Centralized Dispute Resolution
    • The Workers Compensation Commission (WCC) now resolves all disputes.
    • Injured workers benefit from mandatory internal reviews, ensuring fairer outcomes.
  2. Timely Insurer Responses
    • Insurers must respond within 14 days to work capacity decisions or liability reviews.
    • Legal costs for workers challenging work capacity decisions are covered by Independent Legal Assistance & Review Service (ILARS).
  3. Improved Decision Transparency
    • Notice templates must clearly identify information received from employers, workers, and insurers.
    • This ensures decisions are based on complete and balanced evidence.
  4. Clear Complaint Pathways
    • Workers’ insurer remains the first point of contact.
    • Unresolved employer complaints go to SIRA (13 10 50 / contact@sira.nsw.gov.au).
    • Unresolved worker complaints go to Workers Compensation Independent Review Office (WIRO) (13 94 76 / contact@wiro.nsw.gov.au).
  5. Permanent Impairment Compensation
  • In certain cases, the WCC can award permanent impairment compensation without referral to an Approved Medical Specialist.

Please contact us to discuss.

Mental Illness – Fastest Growing Workplace Injury

Mental Illness – Fastest Growing Workplace Injury

Mental illness is now recognised as the fastest-growing workplace injury worldwide, costing businesses hundreds of billions annually and impacting employee wellbeing more than traditional physical injuries. Employers who fail to address psychosocial hazards risk higher absenteeism, reduced productivity, and significant compensation claims.



Why Mental Illness is the Fastest Growing Workplace Injury

  • Independent research shows psychological injuries are increasing faster than physical ones.
  • Workplace stressors such as unrealistic workloads, poor management practices, bullying, and lack of support contribute to rising cases.
  • Surveys reveal that over 60% of employees have experienced mental illness due to employers failing to manage psychosocial hazards.

Economic and Organisational Impact

  • Cost to businesses: Mental illness costs hundreds of billions per year globally in lost productivity, compensation claims, and healthcare.
  • Absenteeism & presenteeism: Employees either miss work or attend while mentally unwell, reducing efficiency.
  • Retention challenges: High turnover rates occur when workplaces neglect mental health.
  • Legal exposure: Employers face growing liability under workplace health and safety laws if psychological hazards are ignored.

Key Recommendations for Employers

  • Treat psychological health like physical health: Workplace Health & Safety (WHS) frameworks must prioritise mental wellbeing equally.
  • Implement no-liability treatment policies: As recommended by the Productivity Commission, workers should access mental health support without complex claims processes.
  • Promote supportive culture: Encourage open conversations, reduce stigma, and provide training for managers.
  • Risk assessments: Regularly identify and mitigate psychosocial hazards such as excessive workloads or toxic team dynamics.
  • Employee assistance programs (EAPs): Offer confidential counseling and mental health resources.

Risks of Ignoring Mental Health

Reduced competitiveness due to lower productivity and innovation.

Legal penalties under workplace safety laws.

Reputation damage from poor employee wellbeing practices.

Conclusion

Mental illness is no longer a secondary workplace issue, it is the fastest-growing workplace injury and demands urgent action from employers. By prioritising psychological health alongside physical safety, organisations can reduce costs, improve employee wellbeing, and build resilient, productive teams.

The
Australian Council of Trade Unions has welcomed some recommendations from the
Productivity Commission, including no-liability treatment for mental health
injuries and claims.

Psychological
health and safety should be treated with the same importance as physical health
and safety and WHS in the workplace.

ACTU conducted a survey this year and I was found that over 60% of respondents had experienced It was also found in this survey that nearly half of participants felt their employers were not prepared to support workers experiencing mental illness in the workplace.

At ABILITY GROUP, we specialise in workplace health and safety strategies that protect both physical and psychological wellbeing.

SOURCE: https://www.miragenews.com/mental-illness-fastest-growing-workplace-hazard-costs-hundreds-of-billions-per-year/

SIRA Identify Non-Compliance

SIRA Identify Non-Compliance

SIRA (State Insurance Regulatory Authority) has intensified efforts to identify employer non-compliance in New South Wales, targeting businesses that fail to lodge mandatory workers’ compensation policies. Through advanced data analytics and a structured notification program, hundreds of employers have already been flagged, with penalties and premium recoveries reaching millions.


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icare Medical Panel Trial

icare Medical Panel Trial

Icare has announced the launch of its Medical Panel Trial, a pilot program designed to streamline treatment approvals for injured workers under the NSW workers' compensation scheme. The initiative introduces an independent panel of medical providers to review and approve treatment plans more efficiently, aiming to reduce delays and improve recovery outcomes.

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Fall Related Incidents

Fall Related Incidents

Recently we have been involved with an increased number of fall related incidents. The injuries sustained, & the resulting workers compensation claims, can often be complex & costly. In addition to claim related costs, employers also face material fines for unsafe work sites.

After providing advice and support recently to various clients with workers having sustained injuries (5 metre + 10 metre falls to concrete and an employee falling down fire escape), we wanted to provide greater insights into fall related incidents.

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