- weekly benefits
- medical and hospital expenses
- rehabilitation services
- certain personal items (eg clothing, spectacles, if damaged in a work related accident)
- a lump sum payment for death or permanent impairment
News South WalesAll employers in NSW who pay annual wages over $7500 are required by law to have a workers compensation insurance policy. Employers who pay $7500 or less in annual wages (known as exempt employers) are not required to take out an insurance policy unless they employ an apprentice or trainee, or are part of a group for premium purposes. Note: Volunteers are not regarded as workers. Employers of volunteers are not required to take out workers compensation insurance for their volunteers, but still have a duty to provide a safe working environment for them.
Insurance cover for employersAll employers in NSW (except exempt employers) are required to have a workers compensation insurance policy. An employer is a business or individual that employs, engages or hires workers on a full time, part time or casual basis, under an oral or written contract of service, including an apprenticeship or traineeship.
Which employers are covered?Employers covered in the NSW Workers Compensation Scheme include but are not limited to the following: Individual or sole trader Insurance cover for all employees but not the policy holder. If the individual or sole trader does not have workers they do not need a policy. A personal accident and illness policy or an income protection insurance policy for the individual is recommended but this is not a workers compensation requirement. Partnerships Insurance cover for all employees of the partnership but not the partners themselves. A personal accident and illness policy or an income protection insurance policy is recommended for partners of a partnership but this is not a workers compensation requirement. Companies Insurance cover for all employees of the company including the working directors. Trusts Insurance cover for all employees of the trust. When the trustee of a trust employs workers, the trustee needs to have a policy. The trustee may be a sole trader, partnership or company. Strata Plan Insurance cover for all employees of the strata corporation. The employer is a strata scheme. The workers compensation policy is held in the name of the owners’ corporation – e.g. The Owners Corporation of Strata Plan 12345. WHO’s aim is to completely understand your structure and the activity of your business enabling us to negotiate an appropriate rate to ensure you are not paying excessive premiums. As each State and Territory is different WHO will work with you to achieve the best outcomes. Please do not hesitate to contact us to discuss further.
VictoriaIf you expect to pay more than $7,500 a financial year in rate-able remuneration, or if you have any apprentices or trainees, you must take out WorkSafe insurance. This applies even if you are a small company with only one worker. Companies If you are a proprietary limited company, your directors and employees who receive salaries or wages are workers and are covered for WorkCover Insurance purposes. This includes where the company is a trustee. This means that if you are a director of your own company and receive any payments expensed as salaries, wages, or if you run a company that employs any directors who receive salaries, wages or directors fees, you must register for WorkCover Insurance if the company’s annual remuneration (i.e. wages, salaries, etc) exceeds $7,500. Sole traders and partnerships If you are a sole trader/proprietor or a member of a partnership, you are not a worker of your own business. This means you will not be covered by your WorkCover Insurance. You should consider taking out some form of insurance to cover yourself in the event that you cannot work. If you are hired as a worker by someone else, that person may need to register for WorkCover Insurance to cover you. WHO’s aim is to completely understand your structure and the activity of your business enabling us to negotiate an appropriate rate to ensure you are not paying excessive premiums. As each State and Territory is different WHO will work with you to achieve the best outcomes. Please do not hesitate to contact us to discuss further.
South AustraliaDo I need to register? If you operate a business in South Australia that employs workers, it's likely you will need to register with Return To Work SA. You must register for work injury insurance cover within 14 days of employing someone that meets the definition of a worker, WHO can assist with this. You may apply for cover prior to employing workers. Exemptions If you will pay your workers less than $13,041 (Indexed) in total for the 2019-20 financial year, you do not need to register. If one of your workers is injured at work, you must contact Return To Work SA to report the injury (WHO can assist) and at this time you will need to register and pay the minimum premium (for 2019-20 it is $200 plus GST and WHS fee). WHO’s aim is to completely understand your structure and the activity of your business enabling us to negotiate an appropriate rate to ensure you are not paying excessive premiums. As each State and Territory is different WHO will work with you to achieve the best outcomes. Please do not hesitate to contact us to discuss further.
Western AustraliaYou must have workers compensation insurance for anyone you employ who the legislation defines as a ‘worker’, including cover for claims at common law. By keeping a current workers compensation insurance policy and having an injury management system in place, you will ensure compliance with the Workers’ Compensation and Injury Management Act 1981. See the Getting an insurance policy section for more details on how to cover your workers and your business against workplace injury. The definition of a ‘worker’ covers:
- full-time workers on a wage or salary
- part-time, casual and seasonal workers
- workers on commission
- piece workers
- working directors (optional)
- contractors and sub-contractors (in some circumstances)
- family members
- full-time and part-time workers
- casual workers
- seasonal and piece workers
- workers on salary or wages
- workers supervised and controlled by an employer
- workers who may be fired by an employer
- workers who work for only one employer
- workers with set hours of work.
- are paid on piece rates, hourly rates or per job
- work for the employer on a ‘one-off’ or per job basis
- do not have set hours of work
- work for more than one employer
- work unsupervised
- pay 20 per cent prescribed payments (sub-contractor’s tax)
- are covered by an industrial award or agreement.
QueenslandAccident insurance If you have a business in Queensland and employ workers, you are required to insure them against workplace accidents with WorkCover Queensland (s48, Workers' Compensation and Rehabilitation Act 2003). You cannot pay any of your own claim costs in Queensland. There is no threshold that you must reach before insuring in Queensland. If anyone you employ meets the definition of a worker, then you must insure them within five days of commencing employment. You can take out your policy prior to employing workers provided you have all the necessary information. WHO assists employers with this regularly and can advise on what wages should be included. Employers who are found to be uninsured may be subject to penalties for unpaid premium and any compensation costs. WorkCover's accident insurance policy insures you against all statutory and damages claim costs in the event of a work-related injury to your workers. There are no limits or caps to the number of claims that can be made against your policy. WHO’s aim is to completely understand your structure and the activity of your business enabling us to negotiate an appropriate rate to ensure you are not paying excessive premiums. As each State and Territory is different WHO will work with you to achieve the best outcomes. Please do not hesitate to contact us to discuss further.
TasmaniaWorkers compensation is compensation payable under the Workers Rehabilitation and Compensation Act 1988 to a worker who suffers an injury or disease arising from or during their employment. For a disease, the worker’s employment must have contributed to it to a substantial degree. A worker may be entitled to compensation for:
- A weekly payments while incapacitated for work
- A medical and other expenses
- A rehabilitation expenses
- A permanent impairment.
- people employed on a casual basis for a purpose other than the employer’s trade or business
- people employed as domestic servants with a private family, who have done less than 48 hours employment with their employer when they are injured (people in casual domestic employment, such as cleaners, would usually be covered by an extension of a household insurance policy)
- crew members of a fishing boat who are paid wholly or mainly on the basis of a share of the profits or gross earnings of the boat
- people taking part in approved programs of work for unemployment payment (work-for-the-dole schemes)
- people employed on ships covered by the Commonwealth Seafarers Rehabilitation and Compensation Act 1992.
Northern TerritoryUnder the Return to Work Act, employers must hold a workers compensation insurance policy with an approved insurer if they employ a natural person who, under a contract or agreement of any kind (whether expressed or implied, oral or in writing or under a law of the Territory or not), performs work or a service of any kind for the employer unless: (i) the natural person:
- is paid to achieve a specified result or outcome; and
- has to supply plant, and equipment or tools of trade, needed to perform the work or service; and
- is, or would be, liable for the cost of rectifying any defect arising out of the work or service performed; or
Australian Capital TerritoryIt is compulsory for all employers in the ACT to have a current ACT workers compensation policy in place with an Approved Insurer. Work Health Options (WHO) can negotiate premium rates on your behalf, working with your general insurance broker, where possible. Employers with the resources to fund any workers compensation liability imposed on them may apply to be a self-insurer. Under the Act an employer is liable for any compensation payable to a worker suffering any work-related injury or disease. Where an employer has a current workers compensation policy, the insurer indemnifies the employer for costs of the claim. Under the Workers Compensation Act 1951 (the Act), workers can include:
- people who work under a “contract of service” (employees) and who work on a full-time, part-time or casual basis;
- company directors who work under a “contract for service” with that company. (Many working directors of small private companies fall into this category);
- people who work under a “contract for service”, who perform work for a principal contractor, and are required to perform part or all of the work, and who work on a regular and systematic basis. This may include some contractors (section 11 of the Act) and sub-contractors (section 13 of the Act);
- volunteers (section 18 of the Act) who perform work that is for (or incidental to) an enterprise, trade or business carried on by someone else, and receive no payment for the work (apart from any payment for expenses);
- Religious workers (section 17 of the Act) who request to be covered.
- Western Australia
- Northern Territory
- Australian Capital Territory and
- information on how your premium was calculated
- your policy conditions
- a certificate of currency
- a schedule with your policy details
- claim lodgement and management information
Insurance cover is for a 12 month period. It can be shorter for the following reasons:
- to align the policy period to an employer’s financial/calendar year
- if the employer is joining a group
- to align the policy period with a month end or to coincide with other insurance programmes.
Due to the nature of work experience duties, we realise that a day-to-day routine, or continuous days of work, may not be available. Therefore there are 5 different periods of cover:
- 15 days to be worked over 6 months
- 30 days to be worked over 6 month
- 3 months unlimited
- 6 months unlimited
- 9 months unlimited
This allows the volunteer and host employer more flexibility.