What Effects Do WorkCover Claims & Other Factors Have on Your Premium & Advice?

An Overview of WorkSafe Victoria Premium
What is Workers’ Compensation?
In a nutshell, workers’ compensation insurance covers occupational illnesses and injuries. It will pay for medical treatment and other expenses such as lost wages, rehabilitation, job training, and temporary disability as the injured or ill employee recovers.
Related reading: What is Workers’ Compensation insurance?
Workers’ compensation costs are regarded as a critical business challenge in Australia. Workers’ compensation insurance which covers expenses incurred as a result of workplace injuries, is one of the most significant costs for businesses of all sizes. Workers’ Compensation insurance is required in all States, and rates vary. In most states, average premiums continue to rise, trailing only labour and healthcare costs, while coverage availability declines. The rate is usually applied to all payroll, including overtime. This is a rapidly growing expense that cannot be ignored across industries.
So, what can a business do to safeguard itself? Keep your claims to a minimum and understand your policy’s coverage.
If an employee is injured on the job, he or she may file a workers’ compensation claim against their employer. Dealing with a claim is a difficult process that involves many parties, including the employee, the employer, the insurance company, the doctors, and the State Workers’ Compensation Authority. Because workers’ compensation laws differ from State to State, the rules governing claims can be complicated. For illustration purposes, we will refer to the State of Victoria.

Each State and Territory in Australia has its own compensation scheme. Victoria has a no-fault system that compensates and assists employees and employers alike, regardless of who is at fault; the employer or the employee. It also allows impacted workers to seek common law damages if the injury is serious and the employer is at fault. The WorkCover scheme is a statutory-based, mandatory insurance system that offers workers a variety of benefits and protects businesses from the impact of workers’ economic and non-economic losses. WorkSafe is the regulator and underwriter of the WorkCover system in Victoria, and it regulates workplace Occupational Health and Safety (OH&S) and Returns to Work (RTW) regulations. The system is administered by private service providers known as Agents (also known as the ‘Insurer’). There are currently four insurers authorised by WorkSafe to provide services to businesses and balance with the legislation, standards, and processes specified by WorkSafe; Allianz, EML, GB, and Xchanging after CGU exit the scheme in 2021.
Workers’ injuries are managed by healthcare experts such as doctors, occupational rehabilitation (OR) providers, and allied health professionals, who also aid in identifying essential services, rehabilitation, and return to work (RTW). Employers are required by the Accident Compensation Act to keep a record of injuries, notify WorkSafe of claims within specified timeframes, maintain an offer of suitable employment for the first 12 months after an injured worker begins weekly payments, and assist injured workers with their return to work. An injured worker is also required by the Accident Compensation Act to participate in appropriate rehabilitation and return-to-work programs and services. If the employee does not comply, his or her benefit may be reduced or terminated.
The Victorian WorkCover scheme and WorkSafe are primarily governed by the Accident Compensation Act 1985, the Accident Compensation (WorkCover Insurance) Act 1993, the Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act) & Workplace Injury Rehabilitation and Compensation Regulations 2014
Objectives of the Victorian WorkCover scheme
The main objectives of the Victorian WorkCover scheme are to:
- reduce the incidence of accidents and diseases in the workplace,
- assist employers and workers in achieving healthy and safe working environments,
- manage the accident compensation scheme as effectively and efficiently and economically as possible
- make provision for the effective occupational rehabilitation of injured workers and their early return to work,
- increase the provision of suitable employment opportunities to workers who are injured to enable their early return to work,
- under the legislation is paid to injured workers in the most socially and economically appropriate manner, as expeditiously as possible,
- ensure workers’ compensation costs are contained so as to minimise the burden on Victorian businesses,
- establish incentives that are conducive to efficiency and discourage abuse,
- enhance flexibility in the system and allow adaptation to the particular needs of disparate work situations,
- maintain a fully funded scheme,
- in this context, to improve the health and safety of persons at work and reduce the social and economic costs to the Victorian community of accident compensation.
The role of the Agents (also known as the ‘Insurer’)
WorkSafe appoints the insurer as the WorkCover scheme’s frontline service delivery arm, and they are required to contribute to and share responsibility for the scheme’s business objectives. As a result, the insurer plays a critical role in accomplishing WorkSafe’s core objectives and directly influences the scheme’s success or failure.

The Role of the Agent
Agents are appointed by WorkSafe as the frontline service delivery arm of the WorkCover scheme and are required to contribute to and share responsibility for, achieving the business objectives of the scheme. Agents, therefore, have a vital role to play in achieving the key goals of WorkSafe and directly contribute to the scheme’s success or failure.
Functions
The functions of Agents are to:
- register and maintain employer insurance policies
- collect premiums
- manage claims in accordance with WorkCover legislation, the Agency Agreement and policies, procedures and standards set by WorkSafe
- provide claims and risk management services to employers.
To keep workers safe, make workplace safety a priority
Better workplace safety leads to fewer claims, and fewer claims have a direct impact on your workers’ compensation rate.
A disciplinary program that holds employees accountable for breaking the rules and rewards them for following safety procedures should be included in the safety program. Top management must support the program to ensure proper implementation. Managers and supervisors should delegate specific tasks for enforcing safety in each work area. The importance of safety at the company, as well as compliance expectations, will be communicated through regular safety meetings and/or discussions about specific work-related issues.
According to employer-led health and safety initiatives, safety should be integrated into all aspects of business operations. A proactive strategy emphasising not only preventing injuries but also retraining workers in proper ergonomics is required to ensure employee safety. To reduce the high cost of workplace safety incidents, quick response to injury care is also required. As you work to improve employee safety in your organisation through workflows and processes, you may be wondering what safety measures you can implement right away that will generate a sufficient return on investment to cover the program’s overall costs.
There are several cost-effective proactive measures for employee safety. While some initiatives employ cutting-edge technology to provide prompt triage in the event of a workplace safety incident, others seek to invent new ways to maintain the rigours of a safety culture. Consider the following sensible workplace safety measures.
Make risk assessments more common
Any successful workplace injury prevention program is built on risk management. Human risk is a moving target in the workplace. Because risks change, these programs must be regularly updated to remain effective. It provides compelling evidence for conducting risk assessments on a more regular basis. Time is an issue with more frequent safety assessments. They are frequently only present once a year or every three months. Because the regulatory environment and the factors affecting human safety are constantly changing, going above and beyond the bare minimum of an annual risk assessment is critical. You should conduct risk assessments for your company on a monthly basis to help you make changes to improve worker safety. This can include regularly observing how employees lift heavy objects and what safety equipment they use or wear, and the kinds of repetitive tasks they handle, as well as things like a clogged fire door.
Put safety in the job description
Every job description should include a safety standard. This can lead to the development of a safety culture in which risk is openly discussed, as well as strategies for mitigating it. These recommendations must be based on a thorough job safety analysis that applies improved occupational health and safety principles to all positions within your organisation. In essence, you are developing a set of specific rules for each job in your organisation in order to keep your employees safe.
This process pays for itself in many ways:
- Making safety a job requirement reduces the company’s overall risk of serious injury.
- Employees are proactively retrained to avoid repetitive tasks that are harmful to their health.
- You attract candidates by demonstrating how hard your company works to protect its employees.
Observe employees in various roles and departments when identifying potential injury risks. Then, as needed, collaborate with managers, operations, and engineering to develop risk-mitigation strategies. The ultimate goal is to prevent workplace safety incidents.
Build a culture of safety
Safety culture should be more than just a buzzword in risk management circles. The idea is that your company should and can implement better safety procedures. This calls for a shared objective that goes beyond financial gain. Along with commitment from all levels of organisational stakeholders and employee safety, the organization’s mission should be its main priority. Continuous reinforcement of learning is required at every stage of the employee life cycle, from discussing safety with prospective employees to having senior management enforce policies. Workplace safety necessitates accountability at all levels. Furthermore, you must show your employees that you have their backs by acting quickly and decisively to resolve any disputes. A shift in thinking that realigns your company’s values necessitates a long journey towards a safety culture. It necessitates consistent leadership support. All business actions are guided by a strong safety culture.
To enforce the use of PPE in industries where it is required
Personal protective equipment (PPE) is anything a worker uses or wears to keep them healthy and safe. The person conducting a business or undertaking (PCBU) gives PPE to workers, unless their labour hire company or agency already gave it to them. Workers must use their PPE as instructed by their PCBU.
Safe Work Australia
In accordance with OS&H regulations, personal protective equipment (PPE) is required to be worn, but it also serves other purposes. Two powerful tools you can use to support the workplace safety of your employees are PPE and employee education. By wearing protective headgear, many workplace head injuries can be prevented. As they age, your employees’ hearing may benefit from wearing ear protection. Verifying that employees are adhering to PPE regulations can be challenging, of course, ask workers who are not wearing PPE why they are not doing so. Workers frequently don out-of-date, unsafe safety gear that is ill-fitting and would be subject to OH&S regulation. Personal protective equipment (PPE) needs to be appropriate for the task at hand and used correctly to avoid endangering the health and safety of the workers.
Not wearing or using PPE properly can have serious consequences.
A worker who is not wearing the right PPE, or who isn’t using it properly, could:
- be exposed to risks to their health and safety
- have restricted vision or mobility, affecting how well they do their job
- overheat, if the PPE is stopping their sweat from evaporating, or
- have an allergic reaction to the materials in the PPE.
As the PCBU, you must check and fix any problems a worker is having with their PPE.
WHS duties
A person conducting a business or undertaking (PCBU) must put control measures in place to protect workers’ health and safety. That includes giving workers personal protective equipment (PPE), if required to minimise a risk. Workers and other people in the workplace also have responsibilities for PPE.
Safe Work Australia
Accommodate remote work
In most industrial settings, remote work is not permitted. Even if an employee becomes ill as a result of the COVID-19 pandemic, the policies that were in place at the time of the pandemic may still apply. Employees are protected at work from the flu, COVID-19, and other infectious diseases by allowing remote work whenever possible, especially if they are sick. You can also continue to promote employee immunisation maintenance, such as receiving the most recent COVID boosters, mandating self-quarantine for those who become infected, emphasising workplace hygiene, and encouraging mask use and social seclusion when risk factors or high local case numbers are present.
Train employees in ergonomics
The majority of workplace injuries today are ergonomic, or those affecting the body’s musculoskeletal system (MSK). Creating an ergonomic work plan for your company is the only way to avoid repetitive motion injuries and strains of the ligaments, muscles, and tendons. Ergonomics programs aim to reduce the strain on the body by identifying behaviours and work procedures that can be changed to protect your workforce from these all-too-common workplace injuries.
Engineering ergonomics for your workplace requires three key considerations to help prevent MSK injuries:
- Workstation assessments to alter layouts for increased comfort and security administrative practises that reduce stress, such as reducing overtime or lengthening breaks
- Opportunities to promote the use of personal protective equipment (PPE) that promotes safer movement, such as grip-enhancing gloves and anti-slip footwear.
- Awkward postures, improper lifting, whole body vibration, and repetitive tasks are all risks that can only be reduced by retraining your workforce in proper bodily postures and other ergonomic workplace controls.
With a certain amount of awareness of how we lift or perform repetitive tasks, MSK injuries are not only avoidable, but they also do not necessitate an Emergency Room visit when they do. However, when employees suffer from back pain, overuse injuries, muscle pulls, or repetitive motion injuries as a result of their jobs, that is frequently what happens.
Related reading: See Covid-19 Pandemic & Working From Home WorkCover Claims under the cross-border provision.
Create a workflow for on-site injury assessment
Temporary telehealth services introduced as part of COVID-19 measures will become a permanent service in our health system. The Australian Government is investing $106 million over 4 years to support permanent telehealth services. This will allow GPs, specialists, and allied health professionals to continue consulting with their patients by phone or online.
Beyond injuries, orthopedically trained clinical teams can use telemedicine to conduct virtual ergonomics assessments of worker workstations and offer recommendations. Working with a physical therapist via a telemedicine application can help your employees recover from an injury more quickly and return to work sooner. These physical therapy sessions may even take place in a suitable environment on the job site, removing the need for travel to and from a doctor’s office for a straightforward orthopaedic recheck and a decision on return to work.
Take action when a claim occurs
Employers must be proactive in reporting incidents in a timely and accurate manner because it has a direct impact on the overall cost of the claim.
When a worker is injured, employers have several responsibilities. These responsibilities apply when they receive a notice of injury or a claim for compensation. Employers are required by the OHS Act to notify WorkCover as soon as they become aware of a fatal order. Employers are also required to report serious incidents that are classified as ‘notifiable incidents’. Employers may face penalties if they fail to report a notifiable incident and file a claim with WorkCover within the timeframes set by your state. When you become aware that a worker has been injured, especially if there will be lost time from work, the worker must seek medical attention and obtain a certificate (Certificate of Capacity) issued by a qualified registered medical practitioner.
Complete an accident report with as much detail as possible when an employee is injured on the job. Take photos of the scene and speak with any potential witnesses about what occurred. To ensure prompt handling and to aid in the fight against fraudulent claims. When WorkCover Authority is notified of an injury, it is able to prioritise complex or high-risk claims and begin planning for claim and injury management. WorkCover will be able to achieve better return-to-work outcomes and help keep your workers’ compensation premium under control as a result. Please keep in mind that the initial notification does not absolve your obligation to provide formal notification by submitting a claim form and medical certificate to WorkCover.
Recommend reading: The Importance of ‘Notifiable Incidents’ under the Workers’ Compensation OHS Act
Create a system for managing communication and action items
It is necessary to implement a system that allows different managers to view incident notes. The safety manager, for example, as well as the human resources specialist, the employee’s immediate supervisor or manager, and others as needed, must be kept up to date on the employee’s and claim’s progress. The return-to-work process must be managed in order to reduce lost time at work. Keep the return-to-work procedure in mind as all of this expedites the injured worker’s return to normal function. When compared to industry standards for this process, the more specific your return-to-work policies and procedures are, the better.
Make a system for keeping track of communication and action items. Different departments within the company must communicate with one another, and the company must maintain contact with the injured employee and his or her medical providers, as well as their treating physician and occupational rehab provider. Core costs such as wage replacement and medical bills must be carefully managed, and claim management data from your insurer’s administration must be returned to your system. It will help you track and trend near misses.
Acting behind the scenes
Check the claimant’s status under your current workers’ compensation policy to ensure that he or she is not a repeat offender. Tracking and trending all incidents and associated costs is the most effective way to reduce workers’ compensation costs. The first step towards reducing workers’ compensation costs is to control losses, which is cost control after an injury. Another is loss aversion, which is attained by investigating incidents and near-misses, determining the root cause of incidents, and putting preventative measures in place.
Loss Prevention
The greatest cost savings are realised through loss prevention. The investigation of near-misses and non-loss incidents, as well as the implementation of preventative measures, is critical for cost savings. If you track near-misses and help people change their behaviour to avoid them, you will avoid future injuries and save money. Businesses that fail to centralise incident reporting make a costly mistake. We discovered that many businesses have information scattered across multiple locations, and no one has a complete picture. Putting systems in place to track incidents and their causes is relatively simple and inexpensive, but there are frequently political issues at play. Implementing a system that requires all data to be entered into a single database will provide you with significant benefits.
Be wary of potential fraud
If you suspect fraud, contact your WorkSafe Authorised Scheme Agent right away (also known as the “insurer”). Examine your policy to ensure that the claim is correct. Recognise that it can sometimes be beneficial to investigate what you suspect is a fraudulent claim. Service providers or health practitioners who have billed or received payment from WorkSafe for services that did not take place are also considered fraudulent.
For example, a worker who filed a claim for a bad back was later photographed digging out a tree stump. The employer is unlikely to have won the suit without the photographic evidence. You cannot submit evidence from your own private investigation, but you can request an investigation from your insurer.
A quick overview of the claim process
An employee should notify their supervisor right away if they experience a work-related incident because there is a strict time limit set by the State for filing a claim and receiving benefits. Each State has a different statute of limitations. In Victoria, if a claim includes a mental injury (primary or concurrent, but not secondary mental injury), there are requirements imposed on employers, Agents and Self-insurers (SIs), in addition to other legislative requirements. These are:
- Employers must provide early notification of the claim to their Agent (or insurer). This means that Part A of the Worker’s Injury Claim Form, with question 7 completed and signed by the employer, must be forwarded to their insurer within 3 business days of receiving the claim from the worker.
- Employers must forward their completed and signed Part B of the Worker’s Injury Claim Form, and any WorkSafe Certificates of Capacity, to their insurer no later than 10 calendar days after receiving the claim from their worker.
- Insurers are required to determine whether the worker is entitled to provisional payments within 2 business days of receiving the early notification from the employer.
- Usual claim determination timeframes apply.
- Self-insurers are required to determine whether a worker is entitled to provisional payments within 5 business days of receipt of the worker’s claim form.
Business day means a day other than a Saturday, Sunday, or public holiday. Employers may be financially penalised if they do not adhere to the legislative timeframes.
New Legislative Amendments to Mental Injury Claims take effect on 1 July 2021 – ‘Provisional Payments for a Mental Injury‘
As of 1 July 2021, WorkSafe has updated the legislation to allow “mental injury claims.” Eligible Victorian workers and volunteers can now receive early treatment and assistance while waiting for the outcome of their claim. This type of assistance is known as provisional payment. Provisional payments are designed to increase mental injury assistance by enabling your injured worker speedier access to treatment to help with recovery and return to work. Workers who are eligible for provisional payments can file a claim for appropriate medical treatment and services, such as consultations with healthcare providers, medications, and travel expenditures related to treatment. Workers can receive provisional benefits for up to 13 weeks even if their application is dismissed.
For provisional payments on a claim including a mental injury
Following the Covid pandemic, more workers are battling physical and mental health issues than ever before. Overwhelming feelings of stress and exhaustion are symptoms of burnout and can lead to fatigue, behavioural changes, anxiety, and depression. Individuals who suffer from workplace burnout or stress.
WorkSafe is putting employers on notice to address psychological hazards in their workplaces as the number of mental injuries in Victorian workplaces surges.
WorkSafe Victoria
Workplace mental health claims in Victoria are expected to worsen further, accounting for one-third of all WorkSafe claims by the end of the decade, with 28,682 claims received in the 2021/22 financial year, 4340 of which were for mental injury. Mental injuries at work account for 15.1% of all new claims in Victoria, up from 13.1% the previous fiscal year. WorkSafe predicts that by the end of the decade, claims for psychological injuries will account for one-third of all claims. Only 40% of workers with mental injuries return to work within six months, compared to three-quarters of those with physical injuries.
Employers who fail to take reasonable precautions to prevent mental injury may face fines of up to $332,000 for an individual and $1.66 million for a body corporate under the Occupational Health and Safety Act.
WorkSafe Victoria
If a worker is entitled to provisional payments for a mental injury, the employer is not compelled to pay a medical excess for the term of the claim, even if the mental injury component of the claim is later resolved. This category includes circumstances in which there is both physical and mental injury. This does not apply when a secondary mental injury occurs after the claim has been settled. Employers are still required to pay the excess of the first 10 days of weekly payments for mental injury claims unless the employer has chosen the buy-out option.
After you have paid the excess for the first 10 days of weekly payments to the worker who has a work-related injury or illness, your WorkSafe agent will take over the claim, including payments to your injured worker. If your worker is entitled to provisional payments on a claim that includes a mental injury and they send you invoices for reasonable medical treatment, advise the worker that these need to be provided to your WorkSafe agent/insurer. Your agent will then manage all medical and like payments on your behalf. If your worker is entitled to provisional payments and you have already made the payment on behalf of your worker for their treatment costs, you can ask your agent for reimbursement.
2023/24 Legislation Amendment: Eligibility Changes to Mental Injury Claims
The Victorian Government has announced the average rate for WorkCover premiums for 2023-24, along with some proposals for changes to eligibility and entitlements.
WorkSafe has recently announced changes to implement the eligibility criteria for mental injury claims for the 2023/24 financial year. It has been stated that workers with stress and burnout claims will no longer be eligible to receive weekly payments from WorkCover. Instead, these workers will have the option to access provisional payments for a period of 13 weeks. These payments will be specifically allocated to cover medical treatment related to their mental injury. Additionally, enhanced psychosocial support will be provided to assist these workers in their return to the workplace or training pathways.
The impact of Workers’ Compensation claims on businesses
Workers’ compensation insurance protects employees who are injured on the job. Medical expenses, as well as compensation for lost wages, rehabilitation, retraining, or permanent disability, are all covered. Work-related injury and disease cost Australia $61.8 billion, or 4.1% of GDP. Workers’ compensation insurance is mandatory in Australia. If you are an employer, you are required by law to have policies in place for everyone who receives pay in your company. The contract can be implied, oral, or written. Workers’ compensation claims are expensive. However, there are ways to manage and reduce those costs. Consider the following factors to reduce workers’ compensation claims, regardless of the size of your business or industry. To begin, learn about how workers’ compensation works in Australia.
What exactly does workers’ compensation cover, and what does it exclude?
The answer is determined by the State and Territory in which you operate, though workers in all States are generally covered if they are injured on the job. It is critical to understand what is and is not covered by workers’ compensation. Workers’ compensation insurance does not cover everything. A number of exceptions are listed below.
- Daily commutes: Travelling from home to work and from work to home is not covered. ACT only covers daily commutes with no restrictions. QLD and NT provide coverage, but only to a limited extent. Although NSW and TAS are not covered, there may be exceptions. Those in WA, VIC, and SA are typically not covered.
- Outside-of-work injuries: are only covered if they occur as a result of work duties. This rule applies to all states, though some terms may differ. Injuries occur while you are not on the job or while working outside of the normal hours that you and your employer have not agreed upon.
- Work-related travels are covered with some conditions. Depending on your circumstances, if you leave home and go straight to a client, and the company recognises this practice, you would be covered if you are injured on the way to the client, as the injury is considered to be in the course of your employment. You are covered until you arrive at your destination if you are travelling interstate for work. If you deviate from your usual route, this may be considered not in the course of employment, and you may be denied coverage.
- Workers’ compensation will not cover serious and wilful misconduct employees. Injuries caused by intoxication or drugs committing a crime/theft while under the influence of drugs and/or alcohol. The death and severe injury benefits may still apply depending on the situation and circumstances.
- Self-inflicted or self-harmed injuries are not covered. If an employee’s conduct violates company policy and injuries are claimed after firing or layoff.
- Independent contractor injuries – contractors who are not deemed a worker.
Related Reading: What is Workers’ Compensation Insurance
What factors influence the cost of a compensation claim?
States have significant differences in rates and premiums. Employers must maintain vigilance because changes are made annually. Rates typically take into account:
- Remuneration: The higher the total remuneration paid by the company, the higher the premium.
- Industry: You can expect to pay high premium rates if your business is considered high-risk, such as sheepshearing.
- Employer’s Performance & Claims History: If your business lodges more claims than other businesses in your industry, you will expect to pay a higher rate.
Rates are typically set by State Governments, while others are set by insurance companies. All rates in NSW, QLD, SA, and VIC are set by the Government. In TAS, NT, ACT, and WA, the Government determines the basic gazette rates. However, in Western Australia, insurers are permitted to raise costs by up to 75% without WorkCover WA approval, therefore it is possible for poor performers to have a 1000% increase in their premium. If an insurer increases the rate that is above 75% will require WorkCover WA approval.
What is the cost of Workers’ Compensation liability for your employees?
The payroll effects of workers’ compensation costs and Workers’ compensation premiums are frequently overlooked by proponents of transparency in the costs of employee benefits. Why? Given that the premium is a combination of fixed and variable costs based on the employee’s salary, estimating the cost per employee is difficult. Employees are not aware of the amount of money available for payroll or, more broadly, remuneration. They must make more money than they cost you, which is the crux of the entire production versus compensation debate. I can see why more difficult to comprehend is how much money they have in addition to their pay.
Consider a Tyre Retailing company in 2022/23 to see how much workers’ compensation costs per employee. The given industry premium rate is 4.003%, and the given industry claims cost rate is 2.009%, based on the business activity. Your employee will discover that safety and claims can cost them up to 6.012% of their pay.
If a full-time employee works 40 hours per week for 52 weeks out of the year. If we multiply these figures, we get 2080 hours worked in a typical year. An employee makes $30 per hour or about $73,000 per year. Safety and low claims can free up $4,376 per year (before any other adjustments) for additional payroll.
The most important rule is to communicate with your employees about safety equipment, protection, or processes that may be costly, but injuries are far more costly. Employees who promote safety spend less money on injuries, allowing for more money to be spent on remuneration.
Claim reduction results in lower rates
To lower claim costs by helping your injured workers return to work early. The return to work rate is very important when estimating your claim. If a worker returns to the workplace, compensation will end, so the estimation of future costs will be reduced and thus so will your premiums. The longer they stay at work, the more that estimate continues to reduce. The most effective way to get employees back to work is with a return to work plan, which outlines activities, remedial exercises, and a pathway to being a productive member of the workforce. Your claims generally impact your premium for 3 years.
Keeping up to date with medical and financial documentation means WorkSafe can amend your premiums accordingly. It’s not enough that your employee has returned to work, WorkSafe must know about it! Because of its effect on employer premiums. Understanding how your premium is estimated can be tricky, what’s important is to understand that your claims history and return to work rate can have a significant impact on your business. Make sure you speak to us for a review, so we can assist you to understand why your premium is what it is, and some steps you can take to reduce it. myWorkCover works closely with our clients to implement sustainable and effective return-to-work plans.
See: myWorkCover Claims Management
Strategies for reducing the impact of your Workers’ Compensation claims and costs
Many companies are concerned about the cost of workers’ compensation, particularly those in high-risk industries. As a result, employers must take preventive measures in order to reduce workers’ compensation claims. Provide ongoing safety training, for example, to emphasise the importance of caution. Another approach is to tailor a job to the worker’s body instead of forcing the worker’s body to conform to the task. Workstations, tools, and equipment can be tailored to the needs of each individual worker to reduce musculoskeletal diseases and physical stress on the body.
Employers must be aware that when workers submit a workers’ compensation claim after being hurt on the job, they may be worried about losing their jobs, which might delay their rehabilitation. By keeping in touch with injured workers, employers can aid in their recovery.
Managers and supervisors may be encouraged to prioritise safety and training programs and monitor injured workers’ return to work if workers’ compensation claim expenses are delegated to the appropriate internal departments. Some companies have chosen to deduct claim costs from the allocated department’s budget rather than the general company fund as an added incentive to reduce workers’ compensation costs. Employers can gain control over workplace injury prevention and management practises by putting in place a few procedures that shift workers’ compensation costs to internal departments. Lowering claims and Workers’ Compensation premiums saves money.
Direct communication with all potential Workers’ Compensation employees can assist you in meeting your safety goals. To identify high-risk employee groups, use a claim and injury history. Then, discuss the injury management process with employees at the departmental level. Employee communication will improve as employees are given the opportunity to discuss how they believe the job could be completed safely. It also allows the employer to change workplace safety procedures or hazards identified by employees, such as faulty equipment or insufficient work protocols.
A major issue with occupational injuries is a lack of prompt reporting. Supervisors frequently fail to address workplace mishaps properly. It is hoped that the incident will not result in missed work or high medical bills. However, delaying the first injury and failing to disclose it properly often results in higher costs. Managers and supervisors must recognise that delaying reporting injuries will not save them money.
According to one study of temporary total disability and permanent partial disability claims, injuries reported one to two weeks after the incident was 18% more expensive than those reported within a week. Injuries reported three to four weeks after the incident cost 30% more than those reported within a week. Injuries reported four weeks after the incident were 45% more expensive than those reported within a week.
Because each department must pay the claim expense out of its own budget, managers and supervisors can take a more active role in assisting injured workers to return to work. False assertions are the final component. Although intentional fraud is rare, it does happen on occasion. When Workers’ Compensation costs are examined at the departmental level, it will become much more difficult to file these bogus claims. It is simply impossible to avoid every accident and claim. However, by holding the department directly accountable for a safe working environment, whether through punishment or reward, it is possible to reduce the frequency and severity of workplace injuries.
Winter Precautions that Reduce Workers’ Compensation Claims
Wintertime cold has a variety of effects on workers, including an increase in sickness and injuries. When you adopt certain safety measures during cold weather, you can decrease Workers’ Compensation claims.
Avoid Slips and Fall – When winter weather hits, clear snow and ice off walkways, keep the inside floors dry and instruct employees to wear sturdy shoes. These steps can reduce slips and falls, two common causes of workplace injuries.
Address the Causes of Cold Stress – Cold stress occurs when the internal body or core temperature decreases. The result can be hypothermia, frostbite and even death. Address the causes of cold stress to avoid this danger. Those causes include:
- Dampness.
- Improper dress.
- Poor physical conditioning.
- Health conditions, including hypertension, hypothyroidism and diabetes.
- Exhaustion.
Dress Properly – Layered clothing made of wool, silk or synthetic material keeps employees warm and dry. Clothing should also be loose rather than fitted. Remind employees to cover exposed skin and wear insulated footwear for added protection.
Stay Hydrated – Employees can become dehydrated even in cold weather. Encourage your employees to drink water and warm, sweetened and non-caffeinated beverages throughout the day.
Improve Dexterity and Grip – Employees who become so cold that they can’t feel their fingers may drop tools or materials and cause accidents. Provide gloves and other protective gear to help employees maintain their dexterity and grip as they work.
Provide Engineering Controls – Radiant heaters, shields that reduce drafts and outdoor shelters that protect employees from sleet and snow are examples of engineering controls that protect employees as they work. Evaluate your workplace and implement the appropriate engineering controls.
Change Work Hours – Temperatures are the lowest overnight, so give employees the option to work during warm daytime hours.
Use a Buddy System – Allow employees to work as a team. This way, they can encourage each other to take breaks and monitor their buddies for signs of cold stress.
Encourage Breaks – Employees should be allowed to take breaks as needed. They can go to a warm area and thaw before returning to their outdoor duties.
Boost Mood – Consistently cold temperatures and dreary weather can cause employees to feel irritated, grumpy, unproductive, and uninterested in work. They may even become distracted, which could contribute to accidents. Seasonal affective disorder (SAD) lamps and a warm break room environment can boost your employees’ moods.
Provide Winter Safety Training – To create a safe work environment all winter, train employees. They should wear the proper clothing, learn how to recognize cold stress illnesses and injuries and know how to give first aid confidently. Winter weather can cause injuries and illnesses on the job. Implement these safety precautions to protect your employees and prevent Workers’ Compensation claims.
Choose wisely and shop around for the best policies if your business is in the WA, TAS, ACT and NT (Risk State)
Shop around for the best deals on workers’ compensation policies. Businesses are required to purchase workers’ compensation insurance from Authorised insurance companies. As insurers underwrite their own risks, the States in the Territory are coined the “Risk State” under workers’ compensation insurance. myWorkCover can assist you in getting a competitive rate for your existing or new policy placement. We also offer a free health check on your existing policies for any lost premiums.
See Premium Audit Service for Refunds
Review your business classification and your employees’ role if you are a labour-hire provider in NSW
Ensure you are listed under the correct industry classification that best describes the process and work that is performed in your organisation. Investigate to see if you can split parts of the organisation into separate classifications. Ensure that your premium has listed the correct category based on the determination of your business i.e. small, medium or large. Small employers do not have their premiums experience adjusted whereas medium to large employers does. This often-overlooked step is an important one in lowering your workers’ compensation costs. Insurance companies sometimes improperly classify employees on their workers’ compensation policies, which can raise rates significantly. For instance, you would not want the office receptionist to be classified in the same way as the construction worker on the scene of a job. The rates for an on-site construction worker – who is more prone to serious accidents and injuries – will be much higher than for a clerical worker.
It pays to engage a Workers’ Compensation consultant to review your business activity for accuracy and if it was incorrectly classified, you are entitled to claim overpaid premium. Contact myWorkCover for a free confidential health check, we work on a no-win, no-fee basis.
If you are a labour hire provider in NSW, making sure each of your employees is accurately classified can save you money. In NSW, your premium is not based on the end-user (also known as the “host employer”) business activity but based on the worker’s job. Someone who works on the floor of a warehouse in a physically demanding job will have a different rate than someone who mainly does a desk job. Staying on top of this can also lower your workers’ compensation claims.
Action plan in the event of a new injury
Early intervention is the key. If a worker is injured on the job, employers should have a plan in place. If you are injured, seek medical attention as soon as possible. Complete the accident report with all available information. Gather evidence, such as photographs and witness statements, if possible. Make a list of your concerns so that the insurer can deny or delay the claim. Make contact with doctors who are familiar with and understand your state’s workers’ compensation system. The goal is to provide the best treatment possible for the worker while also encouraging a quick recovery to reduce compensation costs.
Return to Work – Provide suitable duties to injured workers
Make a plan for the employee’s return to work as soon as possible. When employees are unable to return to full duties right away, restricted duties allow them to return to a less physically demanding job, maintain employer/worker contact and communication, and increase the likelihood that the injured worker will want to return to work sooner. Meaningful, limited responsibilities reduce compensation payments, lowering premium liability. Every dollar paid by WorkSafe equals one dollar in claim costs. Having employees “unfit for work” is what will drive the cost of the claim up quickly and also add to the next three (3) years’ premium. Ensuring you have suitable duties available to have someone back at work, even if it is on restrictions and fewer hours is not only better off for the employee, but it will also reduce the final cost of the claim and therefore reduce your premium. Remember, suitable or light duties cannot be demeaning.
Keep in touch with the injured worker on a regular basis
Employers frequently make the mistake of failing to communicate regularly with injured workers. This can aggravate the claim because the employee believes the company does not value them, they become concerned about their future, or they seek advice from third parties who are not looking out for the employer’s best interests. Make a habit of checking in with the employee on a regular basis to see how they are feeling and how they are reacting to their current treatment and condition. Maintaining a positive relationship while also establishing a schedule of follow-ups on the worker’s progress is advantageous. Even if the injury appears minor, it can have serious consequences that you are unaware of. Companies who stay in contact with injured workers when they are off are more likely to lower their costs associated with workers’ compensation claims. Have a procedure in place to dictate the terms for contact with the injured employee to ensure consistency. Consider rewarding employees who are able to return to work as soon as it’s safe to do so.
A working relationship with your insurer
Know who your claims manager/case manager is and communicate with them on a regular basis to discuss the progress of all injured workers. You should not expect the insurer to be as knowledgeable about your company and its employees as you are. Working with them is important, but don’t expect them to handle every aspect of the recovery; instead, give them as much input as you want. Ensuring your claims manager is following best practices for claims management will go a long way toward reducing the amount you pay out in workers’ comp claims.
Understand the cost of claims
The main factors to a cost of claim are the types of injury sustained; the amount of lost time incurred; the length of time a claim is open; and how many claims remain open from one premium year to the next.
Manage and review your claims closely
Have a designated person who is trained in Return to Work and Rehabilitation manage your claims as closely as possible. Alternatively, hiring a Workers’ Compensation consultant to manage and drive your claims to resolution will reduce the impact on your premium. Allow a rehabilitation coordinator/provider to accompany the injured employee to the doctor (where appropriate and permission has been granted) to ensure the treating doctor is aware of the types of tasks available to the injured worker for suitable or light duties.
Also, schedule monthly or quarterly meetings with your insurer and any external rehabilitation providers so that you can understand what each party is doing and where they are with each claim. If you are concerned about the medical evidence you are receiving about an injured or ill employee, you have the right to request an independent medical examination to determine the nature of the injury. If you engage a Workers’ Compensation consultant, your consultant will manage this process.
Be organised
Although it may appear obvious, you would be surprised to learn that many businesses do not communicate with their insurer unless they have a problem with an injured worker. Some people are unaware that their premium year has ended until they receive an invoice, a request to update their information, or a wage declaration. Knowing when your premium year ends allows you to ensure that your insurer has closed any outstanding claims. Schedule medical appointments and medical certificates in your calendar so that you can follow up and ensure that an injured employee attends the appointment and provides you with an updated medical certificate. Contact myWorkCover to see how we can assist you with your claims management to reduce the impact on your premium.
See myWorkCover Workers’ Compensation Consultancy Program
Keep Workers’ Compensation files separate
To ensure security and privacy, consider keeping staff personnel files and files related to workers’ compensation claims apart. When claims arise, have sample paperwork and forms prepared for filling out and processing. Each claimant should have a folder with all of the relevant documents organised by date. This is done so that, in the event that you are ever required by law to provide the information from the file, it will be readily photocopiable and will appear to be a narrative of events, or that, in the event that the regulator requests the file, it will only contain the claim file and not their entire personnel file. Being organised will guarantee that your claims are handled successfully and quickly.
Don’t let the claims drag on for too long
Premiums are affected by the severity and duration of claims. While workers are recovering, ensure that claims are closed and not left open, incurring unnecessary costs.
Cutting the cost of workers’ compensation claims is a surefire way to lower business expenses. It is also a noble objective that contributes to the development of a more motivated, safe, and healthy workforce.
Having claims open over your renewal can add cost to your premium. Also having claims open longer than required can also increase the value of the forecast of a claim. Therefore, having your insurer close the claim as soon as practical is good practice and will save you dollars. As soon as you get someone back to work with a full clearance after an injury, advise your insurer and seek for the claim to be closed as soon as practical. Usually, they will wait until they have all the invoices from medical treating doctors.
The following steps will show you how to reduce workers’ compensation claims, ensuring your company and employees keep your record clean for the future.
Have a Zero-Tolerance Policy
A zero-tolerance policy is just what it sounds like. If an employee submits a false claim, there will be repercussions. Decide on the punishment up front and let your employees know what it is. Make sure your company handbook contains a thorough explanation of the policy, and have all employees sign off confirming that they have read and comprehended it.
Provide a safe environment for your employees to report fraud
Most employees want to do the right thing but are concerned about reprisals from their boss or another employee. Employees frequently know more about a company’s day-to-day operations than the executive team, and when they learn that an employee is taking advantage of them, they become frustrated and disgruntled. They are more likely to come forwards and help the company if they can report workers’ compensation fraud or other issues without fear of retaliation. It also serves them well in the long run. Workers’ compensation fraud is becoming increasingly common among employers, costing Australian workers’ compensation schemes millions of dollars each year. The bottom line suffers when employees file false claims.
What Is Workers’ Compensation Fraud?
False workers’ compensation claims are classified as white-collar crimes. The Australian Federal Police (AFP) defines white-collar crime as “a form of serious financial crime”, one that is financially motivated and reflects a wide range of criminal acts. The Parliament of Australia report defined white-collar crime as “corporate and financial misconduct”. Workcover fraud is when a person dishonestly obtains a payment or other benefit under their relevant State or territory’s Workers Compensation and Rehabilitation Act.
Workers’ compensation fraud in Victoria falls under the Workplace Injury Rehabilitation and Compensation Act 2013 – Section 581.
Making false claims for minor injuries with one-time payments, or larger claims for benefits that last for a longer period of time could be considered fraud.
Workers’ compensation fraud examples include:
- Making a claim for a non-existent injury or one that occurred outside of the workplace.
- Exaggerating the severity of a wound.
- Earning a second wage while on income maintenance without declaring it (or receiving Centrelink payments while on income maintenance without declaring the payments).
- Changing their medical certificates fraudulently.
- Falsifying data when filing a compensation claim.
Employees who are found guilty of WorkCover fraud face criminal charges, and fines, and must repay any benefits they received but were not entitled to.
Penalty
A person must not obtain or attempt to obtain fraudulently any payment under this Act, the Accident Compensation Act 1985 or the Workers Compensation Act 1958 .
- In the case of a natural person, 240 penalty units or 2 years imprisonment;
- In the case of a body corporate, 1200 penalty units.
Without limiting the generality of the above, a person must not obtain or attempt to obtain fraudulently any payment under this Act, the Accident Compensation Act 1985 or the Workers Compensation Act 1958 for any other person, or knowingly assist any other person to obtain fraudulently any payment under this Act, the Accident Compensation Act 1985 or the Workers Compensation Act 1958 .
- In the case of a natural person, 240 penalty units or 2 years imprisonment
- In the case of a body corporate, 1200 penalty units.
Below are some of the behaviours, your employee might not be being completely honest about:
- They did not immediately report their injury or illness.
- Their alleged injury occurred immediately following a weekend, public holiday, or time off for annual or sick leave.
- The employee is evasive about the circumstances surrounding their injury and the specifics of their injury.
- Their story is contradictory, or certain facts do not add up.
- Their injury occurred shortly before retirement or scheduled annual leave.
- The employee was severely injured in what appears to be a minor incident.
- The incident was not witnessed by anyone.
- The employee is experiencing financial difficulties at home.
- Previously, the employee rejected claims.
- The injury is related to an existing injury or illness.
- It is difficult to contact an employee who is on WorkCover leave.
- The employee has failed to appear for scheduled medical appointments.u
- The employer has received reports of the employee engaging in activities that they should not be doing due to their injury.
If you believe one of your employees has fraudulently obtained workers’ compensation, the first step you should take is to contact the WorkCover Authority in your State or Territory.
Train your staff on handling injuries
The immediate supervisor is frequently the recipient of injury reports due to their accessibility when an employee is hurt. Employees frequently trust their managers to help them meet their needs because they are familiar with them. These managers should be trained on how to handle workers’ compensation claims and interact with injured employees. Allow the manager to help with arranging transportation for an injured worker to the hospital, staying in touch with the worker while they are out of work, and assisting with their prompt return to work. It communicates that your company values its employees and cares about their needs. This encourages the worker to want to return to work as soon as possible and also aids in hastening the healing process. Focusing on workplace safety is one of the best ways to lower costs related to workers’ compensation claims. Share top tips and chances for all staff members to receive ongoing safety training on a regular basis and reward your new hires for becoming familiar with safety procedures.
Ensure proactive safe systems at work to minimise injuries
The prevention of injuries is one of the main factors that you can control. This can be accomplished by ensuring safe work practices and conducting routine hazard identification and workplace inspections. In the end, a safer workplace will result in fewer injuries, which will mean fewer claims and a lower premium. In general, a decrease in your workers’ compensation claims will result in a decrease in your premium. It’s crucial to have a process in place for handling injuries quickly and effectively. A well-thought-out plan should include outlines for immediate actions when a work injury occurs, including who is responsible for obtaining information from the employee and submitting it to the claims adjuster. Spell the process out from beginning to end and then follow it to the letter.
Report injuries to your Agent/Insurer immediately
Your insurance agent genuinely cares about you as a client. After all, they should be handling your claim. If your worker is injured, notify them right away so that they can ensure your worker and your business receive proper care.
Related reading: The Importance of ‘Notifiable Incidents’ under the Workers’ Compensation OHS Act
Look for an employer solution
Solutions such as myWorkCover assist businesses in reducing workers’ compensation claims and saving money on premiums. myWorkCover can show you how to reduce your worker’s compensation claims costs, reduce your risk of fraudulent activity, and identify near-miss incidents to prevent future claims with a resolution process and a return to work program. Workers’ compensation claims are often difficult to resolve, and it takes time to develop a solid program that will work for your company. myWorkCover is here to help you find the program that is right for your business. Take the time today to invest in your workers’ compensation program, and your business will benefit in the long run.
Anyone who has seen their Workers’ Compensation rates rise year after year understands that policy increases are the result of claims. The average claim amount rises in tandem with the cost of health care and diagnostic testing. Employers must compete for every profit dollar as the cost of doing business rises. In some areas of the balance sheet, there may be little that can be done to reduce costs and increase profits, so the employer must pass on the additional costs to the consumer in order to remain competitive.
As we all know, workers’ compensation rates are determined by the type of business and the primary activity of the business. When a company knows ahead of time what its workers’ compensation costs will be, it can set prices for services and products accordingly. When they claim during the year, however, they are subject to rate increases as a result of the claims. Knowing this, the employer’s best defence is always a strong offence, which can be accomplished by implementing a safety program, such as the ISO 45003 and ISO 45001 occupational health and safety management systems, as one method of lowering worker compensation premiums and rates. The system’s objectives are to reduce workplace accidents and improve employee wellness for your company. It identifies areas for improvement within your organisation and provides you with the knowledge and resources needed to put the ISO recommendations into action. Both ISO systems improve overall operations by taking proactive steps to create a safer working environment.
Recommend reading: Workplace Mental Health and ISO 45003 – Will Implementing ISO 45003 Reduced Workers’ Compensation Premiums?
How Workers’ Compensation premium is calculated
The workers’ compensation insurance premium, for most businesses, is one of the biggest single costs paid every year.
Each legislative State publishes its industry rates and claims cost rates every year. These are used to calculate an employer’s premium based on how their workplaces are classified. WorkCover insurance premiums may be affected by any claims you’ve been engaged in payments made about a claim, including an estimate of future costs, are referred to as claim costs.
This includes the following:
- Payments of compensation
- Expenses and costs associated with the claim
- Payments made under a settlement
- Future payments, expenses, and costs are estimated.
- All employers’ claim expenses are calculated similarly, with your performance compared to others in your industry.
The Act defines remuneration broadly, including wages, salaries, superannuation, and other benefits payable to workers.
Remuneration Matrix – Full guide can be found here.
The key elements that determine the premium payable are an employer’s remuneration and the applicable industry rate. The Authority establishes industry rates, which are based on the claims experience of the employer’s industry.
Workers’ compensation premiums can be perplexing due to the formula’s complexity and numerous variables but knowing where your premium originates from might help you devise practical measures to lower it. We’ll strive to clarify how premiums are calculated and help you understand how claims can affect your premium. We’ve highlighted the main aspects and variables that go into determining premiums, as well as some tips for keeping premiums low.
WorkSafe Victoria uses a complicated formula to calculate the employer’s premium. Simply put, the premium is determined by the amount of remuneration paid by the employer, the industry in which the business operates (industry rates), and the employer’s history of claims (performance rating). The rate you will pay (workplace rate or employer’s rate) will be determined by the employer’s claim costs. As a result, the higher the claim costs and remuneration, the higher the premium that the employer must pay.
WorkSafe will include weekly payment costs only for claims made in the previous calendar year when calculating each year’s premium. All other costs will be excluded; if a claim was made during that period and the worker returned to consistent work within the same time frame, the future cost will be minimised and thus have less of an impact on the employer’s premium calculation in future years.
The performance rating compares an individual employer’s claims experience to the average claims experience in the relevant industry. Employers whose experience is better than the industry average receive a discount against the industry rate. Those whose experience is worse than the industry average receives a loading on top of the industry rate.
What is rateable remuneration and how does it affect your premium?
Remuneration includes wages, salaries, superannuation and other benefits you pay to your workers before tax and can include both cash and non-cash payments. Remuneration matrix guidelines can be found here. Your remuneration also determines if your own claims experience is used in your premium calculation.
Remuneration for premium periods
During a premium period, the remuneration for a period of coverage at an employer’s workplace is the sum of the rateable remuneration paid or payable to the employer’s workers in respect of operations performed at that workplace during that period.
Remuneration: if a worker working at two or more workplaces and the division of remuneration not identified
If a worker works for two or more employers and the remuneration paid or payable to the worker for work in each workplace is not identified, the proportion of the remuneration attributable to each workplace bears the same proportion to the total number of hours the worker is or was engaged works in those workplaces.
If an employer has two or more workplaces and the proportion of remuneration attributable to each is not reasonably ascertainable, the Authority may deem the proportion and require the employer to pay a premium based on the deemed proportions, subject to such terms and conditions as it determines.
Use of estimates by WorkSafe
WorkSafe must use the certified remuneration or WorkSafe’s estimate of certified remuneration in calculating the premium payable by an employer. However, it is not available at the time of the premium calculation, WorkSafe may use the employer’s or WorkSafe’s estimate of remuneration.
WorkSafe estimates your rateable remuneration and calculates your WorkCover premium every July. If you don’t agree with WorkSafe’s estimate you can change it at any time to have your premium recalculated – the premium due dates still apply.
You’re required to tell your WorkSafe agent your certified rateable remuneration by:
- 28 October (2022/23) each year if your remuneration is over $200,000 (large employers)
- 24 March (2022/23) each year if your remuneration is under $200,000 (small employers)
If you don’t provide your certified remuneration by the due date that applies to you, WorkSafe will estimate your remuneration as 20% more than it was the previous year.
If you expect your remuneration to change
The amount you pay your employees is easily variable. You must provide a revised estimate to your WorkSafe agent within 28 days of becoming aware of:
- What you expect to pay in remuneration is 20% or higher than your current estimate, or
- What you paid in remuneration before April 30 is greater than your current estimate for the entire fiscal year.
Failure to notify your WorkSafe agent will result in a penalty of up to 100% of the insurance premium difference being applied for the financial year. You should also advise your WorkSafe agent if your actual remuneration will be less than your estimate so your future insurance payments can be adjusted.
If your remuneration is over $200,000, your premium will be calculated taking into account a weighting, based on your own claims experience. If you think this may affect you, talk to myWorkCover, we are here to help. If you disagree with the estimated remuneration figure used to calculate your WorkCover insurance premium, you can go login into your Online Employer Service insurance account and update your remuneration. You can then recalculate your premium and pay it on the spot. Alternatively, contact myWorkCover for assistance.
WorkCover Industry Classification (WIC): How it affects your premium
Every Victorian business will have a WorkCover Industry Classification assigned by WorkSafe based on the business activity. Heterogeneity businesses that have multiple business activities and workplaces will have several classifications such as a labour-hire business that can have hundreds or more workplaces and activities. Your WIC and rate reflect the claims experience of the industry you operate in. The factors are used to classify your WIC and determine the predominant activity performed by the business that generates its main source of income. The predominant activity at your workplace includes:
- the goods and services you provide
- the activities carried out in your workplace
- what you consider to be the main activity and why
- a list of raw materials, types of equipment, and processes used
- a breakdown of the sales, cost of goods produced, and the cost of labour
- whether or not you own the goods you provide
- whether or not you provide the goods or services internally
- whether or not you provide the goods or services to another business that is associated with your business
A workplace with split classification
You can apply to split your classification if your workplace has two or more physically distinct areas of operation and the main activity of each one is different.
You can’t split your workplace if your main business activity includes:
- clerical services
- management services
- administrative services
- sales and marketing services
- warehousing services associated with manufacturing, wholesaling or retailing.
Capping Factor: How it affects your premium
Unforeseen events can disrupt safety and WorkCover, despite our best efforts. The costs of claims directly impact WorkCover premiums, and a significant increase in costs can lead to higher premiums. The capping policy aims to prevent significant increases in premiums when there are substantial changes in wages, industry averages or claims amounts.
WorkSafe has announced that from the 2023/24 financial year, the capping rule will change and have increased the capping value from 1.3 to 1.75, that is from 30% to 75%.
For the purposes of subclause 14(2) of the Premiums Order, the capping value: a) for an employer that is a small employer within the meaning of subclause 12(5), is 1.75; b) for an employer that is a public sector employer within the meaning of subclause 5(2) but not a small employer within the meaning of subclause 12(5), is 1.75; and c) for any other employer, is 1.75.
When these factors experience significant upward movement, WorkSafe caps the premium increase at 75% to ensure that premiums remain manageable for employers. This means that even if your claims performance rapidly deteriorates and doubles your premium rate, the increase will be limited to 75%. However, a 75% increase can still impose substantial costs on your business. The cap applies to the premium rate, not the dollar amount, so if you expand your workforce or increase wages and benefits, the actual premium amount in dollars may exceed the 75% cap.
If significant improvements are not made, you may face another 75% increase in the following years. Your premium will continue to rise at the capped rate until it reaches an appropriate level.
The capping factor ensures that an employer’s premium rate for specific workplaces does not increase by more than the applicable capping value from year to year. This protects employers from sudden and significant increases in their payment obligations. The capping factor, expressed as a percentage, sets a limit on the increase in the premium rate. For example, a capping value of 1.75 caps increases by 75%. The capping factor applies to current risk workplaces and imputed workplaces with unchanged industry classifications.
Capping prevents excessive fluctuations in premium rates. If your business classification remains unchanged and you continue normal operations, your premium rate will not exceed 75%. It’s important to note that this capping policy does not apply in cases where the changes are a result of a change in industry classification or awards. In such situations, the premium calculation may be influenced by the reclassification or changes in the industry’s risk profile rather than being subject to the capping policy.
The capping factor does not apply to new-risk workplaces that were not operational during the previous premium period. The applicable capping value depends on the nature of the employer. If an employer pays less than the full premium due to the capping factor, the premium rate will gradually increase by a maximum of the applicable capping value per year until the full, uncapped premium is paid.
In summary, claims costs have a direct impact on premium rates. The capping system with a 75% cap helps control the rate of increase in premiums, providing stability and predictability. However, other factors such as workforce size, wages, or industry classification can still influence the actual premium paid. The capping factor limits the increase in the premium rate, protecting businesses from significant payment obligations due to higher claims costs.
Comparative Rate
The capping factor (see above) is calculated using the comparative rate. The current premium rate is compared to the comparative rate in that calculation to determine whether the increase in the premium rate from the previous year is greater than the applicable capping value; if so, capping may be applied.
The comparative rate for an employer who continues to operate in the same workplaces and industry from one year to the next will be equal to the previous year’s “current risk premium rate.” If an employer has imputed, predecessor, or related employer workplaces, the premiums for those workplaces are factored into the comparative rate calculation.
Excess buyout for premium payments
Understand the effect of an excess buyout on the cost of your premium.
Excess Buy-out/Buy-out Premium
The Authority’s obligation to indemnify an employer in respect of the employer’s liability to pay compensation and damages by the Act is subject to an excess in respect of each claim. An employer may elect to eliminate the excess payable, in which case an additional amount is added to the employer’s WorkCover premium (referred to as the buy-out premium). That election is generally made on registration. Employers may change their elections from time to time. However, for a chance to have an effect in the current premium period, an employer must notify the Authority in writing by 1 August each year.
When one of your workers is injured, you are liable to pay an excess. You can avoid the risk of paying the employer excess by selecting the excess buyout option on your WorkCover Insurance premium. This can be a cost-effective option and is paid as an additional 10% of your premium.
The excess buyout option is available to all employers. If you intend to buy out your excess, or you already have the excess buyout option and do not intend to continue with it, you must notify your WorkSafe agent (also known as the “insurer”).
Selecting the buyout option makes it easier for employers, especially small businesses, by significantly reducing the administrative and financial impact on a business in the early stages of an accepted claim.
Note: Generally, you would take up the buyout option if you know from the history of your Workcover claims per year, if medical and like expenses exceed the employer excess threshold, it is advisable to select this option. However, if you are not anticipated that you would exceed the excess threshold, buyout option is not a viable selection. The employer excess threshold is indexed each year, for 2021/22 the excess is $744.00
Previous claims: How they affect your premium
How previous claims can affect the cost of your premium? Any claims you have been involved with may affect your WorkCover insurance premium. WorkSafe categorises a business from Small, Medium to Large Employers.
Small employers
If your rateable remuneration is less than $200,000, your premium will not be affected by your claims costs as you are classified as a small employer.
Note: If your estimated rateable remuneration at renewal is below $200,000 but when it’s time to declare your actual/certified rateable remuneration at the end of the policy period which is after 30 June, and your certified remuneration is above $200,000, your claim costs will be included in the re-calculation of your premium.
Medium to large employers
If your rateable remuneration is over $200,000 your premium will be calculated by taking into account your WorkSafe claims to report period, relative to the claims experience of the rest of the industry. Businesses with a claim’s history will be given a rating, which also affects your premium if having wages totalling more than $200,000 per year. Your claims rating can be found in the premium notice that you receive at renewal. If you perform better than your industry average, you will pay less. If you perform worse, you will pay more. See ‘Employer’s Performance Rating’
Note, if an employer’s premium has an increase by more than 30% from the previous year due to the impact of claims costs, the premium is capped at 30%. The law says that an employer’s premium cannot be above more than 30%.
Cost of claims and recoveries
The total cost of claims relating to an employer’s workplace is the total of all individual claims received by WorkSafe during the claims reporting period, claims reporting period means the period commencing on 1 January 2019 and ending on 31 December 2021 for the 2022/23 fiscal year. The remuneration experience period is from 1 July 2018 ending 30 June 2021. The maximum recovery for an individual claim allocated to an employer’s performance calculation is $438,300.
Cost of an individual claim
The cost of an individual claim is the lesser of:
- $438,300 (2022/2023), the maximum claims cost for an individual claim
- the total of any WorkSafe compensation payments made in connection with the claim under the Act or the Accident Compensation Act WorkSafe’s costs (excluding legal costs) and expenses about the claim; the amount estimated to be WorkSafe’s outstanding liability to make payments about the claim; the lesser of the total of legal fees and estimates and $82,000. The maximum legal cost for an individual claim is $82,000 subject to the conditions.
Conditions:
- Any compensation paid or payable to relevant WorSafe’s authorised agents/insurers is not included. Shall be reduced by an amount equal to the total of all input tax credits and decreasing adjustments arising from the payments, costs, and expenses under the Commonwealth’s A New Tax System (Goods and Services) Act 1999. WorkSafe claims recoveries will be deducted.
- WorkSafe recoveries about the claim shall be reduced; if the employer elected to eliminate the excess under the Accident Compensation Act, as the case may be, payments that would otherwise have been met by the employer under the excess shall not be included. Payments, costs, or expenses to which the worker was not entitled and for which the worker was convicted of an offence under the Crimes Act of 1958, or the Accident Compensation Act shall not be included.
- Any interest payments made on a claim required by the Act are not included. WorkSafe’s payment to an employer for an amount recovered under the Accident Compensation Act that represents the employer’s liability to pay compensation, as applicable; and if the employer has paid WorkSafe an amount referable to its excess under the Accident Compensation Act about the claim, WorkSafe’s payment of that amount shall not be included.
As an exception to the above, If WorkSafe receives an individual claim between the claims reporting 1 July 2019 and ending on 31 December 2021 for the 2022/23 fiscal year period. The cost of the claim is the lesser of $438,300 and the sum of the compensation payments, if any, of weekly payments made by WorkSafe in respect of the claim under the Act or the Accident Compensation Act; however, the sum of the compensation payments of weekly payments is subject to the above conditions.
If, about an individual claim, WorkSafe has, during a review of an objection lodged by the employer under the Accident Compensation Act or section 79 of the Act, set aside the decision to accept the claim for compensation against the employer under the section of the Act, or the Supreme Court has, on an appeal by the employer under the Act, determined the alleged worker was not a worker within the meaning of the Accident Compensation Act; or the claimed employer was not the correct employer of the worker at the time of the relevant injury or death, then this rule will apply and the cost of the individual claim is zero.
Note: Cost of an Individual Claim cannot be less than zero If the cost of an individual claim derived through the application is less than zero, then the cost of that individual claim is taken to be zero.
Estimation of the outstanding liability
The estimations referred to in clause 33 of the Premiums Order; must be made by the Authority itself and by procedures determined by the Authority itself and constitute an estimate of the future cost of claims for the definition of estimated future claim cost in section 460 of the Act.
The estimations must include an amount equal to the sum of all amounts paid about the claim or in satisfaction or purported satisfaction of the employer’s or WorkSafe’s liability or potential liability in respect of the claim (other than any amount paid in satisfaction of the employer’s liability under sections 125(1)(a), 125A (3), or 72(1) of the Act) that have not been reimbursed.
Date of determination of cost of claims
The cost of an individual claim is calculated at a time designated by the Authority (the relevant time) and based on information in the Authority’s possession at the relevant time unless the rules listed below apply.
Exceptions to the general rule
The cost of an individual claim is generally calculated at the time specified by WorkSafe (the relevant time) using the information in WorkSafe’s possession at the time. Unless WorkSafe is satisfied that the worker to whom the payments, costs, and expenses relate has been found guilty of an offence under sections 81, 82, 83, or 83A of the Crimes Act 1958, or sections 248, 248A(2), or 249 of the Accident Compensation Act, or sections 581, 582, 583, 584, or 585 of the Act, the cost of an individual claim must be calculated based on the information about payments, costs, and expenses that WorkSafe has come into the possession of the Authority after the relevant time.
Recoveries
Definition of Recovery: A recovery is money received by or on behalf of WorkSafe in relation to a claim from someone other than the employer or any related employer.
The definition excludes any monies received by or on behalf of Worksafe from the TAC in the case of a TAC claim (other than a negligent third-party TAC claim); any amount repaid as an overpayment unless the overpayment relates to a claim received during the claims reporting period, and any amount recovered by WorkSafe from a third party under section 138(6) or section 369(7) of the Accident Compensation Act that represents the employer’s liability to pay compensation under section 125(1)(a) or 125A(3) of the Accident Compensation Act or section 72(1) of the Act and any amount of money received by or on behalf of the WorkSafe about a claim.
Old claim recoveries for calculation
Old claim recoveries about an employer are the sum of any allowable recoveries about old claims against the employer; and any related employer (other than claims made about an unrelated predecessor workplace and excluded claims), where allowable recoveries about a claim are any recoveries received between 1 April 2018 and 31 March 2021 less the reduction amount, but if the allowable recoveries are less than zero, then the allowable recoveries are taken to be zero.
Old claim means a claim received by the Authority or an authorised agent between 1 July 1993 and 31 December 2017 Reduction amount means the sum of all recoveries in relation to an old claim less $438,300 (2022/2023), but if the reduction amount is less than zero then the reduction amount is taken to be zero.
Weighted Industry Rate
The Premiums Order determines a single premium rate for an employer’s workplaces where the industry classification has not changed since the last premium period (i.e. current risk workplaces). However, some employers have current high-risk workplaces in various industries. The weighted industry rate is calculated to ensure that the employer’s single premium rate accounts for the various industries in which it operates.
The weighted industry rate is computed using the industry rate and remuneration for each current risk workplace. If, on the other hand, the same industry classification applies to all of the employer’s current risk workplaces, the weighted industry rate equals the applicable industry rate.
If the remuneration is below $200,000, that is for small employers, an employer’s weighted industry rate is the employer’s comparative rate (industry rate).
What is the Employer’s Performance Rating (EPR)?
The employer performance rating is a measurement of the employer’s performance in occupational health and safety based on claims made against the employer. The calculation considers the employer’s claims history relative to its industry (referred to as the performance index) as well as its size (referred to as the size adjustment factor). The performance index compares a given employer’s actual performance (known as the employer’s claims cost rate) to the average performance of the industries in which that employer has been operating during the relevant period (known as the employer’s industry average claims cost rate).
The size adjustment factor regulates the impact of an employer’s performance on its premium so that a larger employer’s claims history (good or bad) has a greater impact on its premium than a smaller employer’s claims history (good or bad). A one-star employer performance rating is considered average. Anything greater than one represents below-average performance, while anything less than one represents above-average performance.
Certain employers have an EPR rating of 1
This applies, and the employer performance rating for an employer is 1 if:
- the employer is small
- the employer is new; or
- an employer performance rating cannot be calculated otherwise.
If you have had WorkCover insurance claims in the period between 1 July 2018 to 30 June 2021 (2022/23), WorkSafe will give you a performance rating. This rating will be displayed on your July premium notice. This rating is an indication of your performance relative to other employers operating within the same industry and is used to re-calculate your premium rate. The larger your rateable remuneration, the greater the weight that is given to your experience.
Setting EPR
WorkSafe uses all the above factors and variables in setting the rating, which is then factored into your premium amount, so if you have a good rating (or low claims) your premium will be reduced. If your rating is below 1, then you are doing better than the industry, if your rating is above 1 then you are doing worse than your peers. Therefore, it is important to take proactive steps to reduce injuries through early intervention and effective injury management when incidents occur.
WorkSafe premium calculation
An employer’s remuneration and the applicable industry rate are the primary factors that determine the premium payable. The Act defines remuneration broadly, including wages, salaries, superannuation, and other benefits payable to workers. The Authority sets industry rates, which reflect the claims experience of the industries in which the employer operates.
If an employer is small or new, its premium is calculated based on its remuneration and the applicable industry rate. All other employers’ premiums are calculated using their remuneration and an experience-rated premium rate. If an employer operates in more than one industry, a weighted industry rate will be assigned to it.
Performance rating is a method of adjusting premium rates to account for an employer’s actual claims experience. The performance rating compares an individual employer’s claims experience to the average claims experience in the relevant industry. Employers with more experience than the industry average receive a discount off the industry rate. Those with less than average experience receive a loading on top of the industry rate. The larger an employer, the greater the impact of its own experience on its premium rate.
Employer premium rate increases are generally limited from year to year. Capping generally applies to workplaces that remain in the same industry classification from year to year. Capping also applies to labour-hire employers’ alleged workplaces. Other factors that influence an employer’s premium payment include the deductible benefit, the minimum premium, and any buy-out premium. The premium is subject to GST, which is calculated after the premium is calculated.
WorkSafe Victoria considers the factors below when calculating your premium:
- Remuneration – your workers’ pay and other benefits.
- Industry classification – the category your workplace fits in, determined by the goods and services you provide.
- Payroll – if your total wages are less than $200,000 a year, your premium is based on the industry average. If your company’s total wages are above that amount you will pay based on your industry average and your claims history. Remuneration is defined broadly in the Act to include wages, salaries, superannuation, and other benefits payable to workers. See the Remuneration matrix guideline here.
- Capping – WorkSafe caps any changes by 30%, so if your wages, industry average or claims amount lifts significantly, your premiums won’t jump up! This does not apply if the change is due to a change in industry classification or awards.
- Buy-outs – in most instances, a business is responsible for the first 10 days of an employee’s claim. However, you can remove this amount by paying a 10% increase in premiums.
- Your history of claims (performance rating) – employer’s performance measured against the industry
- and the industry averages of past claim costs – WorkSafe will take this into account when setting premium rates.
Premium Payable
The premium payable by an employer is the sum of the WorkCover premium and the buy-out premium, together with the GST payable by A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth. The minimum premium for 2022/2023 is $227 ($249.70 including GST)
The basic formula for calculating the premium in Victoria:
Small employer:
- Premium = Remuneration x Industry Rate
Medium to large (experience-rated) employer:
- Premium = Remuneration (R) X Industry Rate (IR) X Employers Performance Rating (EPR)
Experience-rated employers will have an associate cost added to the actual cost of claims, the Statistical Case Estimate (SCE). For each claim that is added to the actual cost of the claim (weekly payments and medical cost) and raises the premium. This estimated future claim cost is calculated using statistical data drawn from thousands of previous claims managed by the WorkCover insurance scheme. Furthermore, SCE cannot be removed and will never be zero. The SCE can go up or down and fluctuate monthly based on the employer’s performance.
For the 2022/23 premium, any claims incurred in the last 12 months (1 January 2022 – 31 December 2022) will only include weekly compensation payments. Therefore, the incentive is to ensure all workplaces for this reporting period have fewer claims as possible. Early intervention and proper management of existing claims and prevention will see a significant reduction in premiums in the 2023/24 policy period.
WorkSafe allows one year that will only include weekly compensation payments, excluding the SCE and medical & like costs. See the comparison below.
Recommend reading: WorkSafe Victoria Statistical Case Estimation (SCE)
2022/23 Premium calculation:
Claims costs used:
- 01 January 2019 – 31 December 2019 – claims costs used will include Actual claims costs (weekly compensations & medical costs) + SCE
- 01 January 2020 – 31 December 2020 – claims costs used will include Actual claims costs (weekly compensations & medical costs) + SCE
- 01 January 2021 – 31 December 2021 – claims costs would only be weekly payments
2023/24 Premium calculation:
Claims costs used:
- 1 January 2020 – 31 December 2020 – claims costs used will include Actual claims costs (weekly compensations & medical costs) + SCE
- 1 January 2021 – 21 December 2021 – claims costs used will include Actual claims costs (weekly compensations & medical costs) + SCE
- 1 January 2022 – 31 December 2022 – claims costs would only be weekly payments
What is the employer excess?
The excess year for the employer is calculated from the date of the worker’s injury. When a worker who has a work-related injury or illness has a claim accepted by WorkSafe the employer can be responsible for weekly payments (10 working days) to the worker and initial medical expenses (known as employer excess).
Employer liability indexation
Every year on 1st July, the amount of the initial medical and similar expenses representing the employer’s liability is indexed. If the employer has not paid the liability in full by the end of the fiscal year, the liability is increased to a new level.
If one of your workers is injured at work and your WorkSafe agent accepts the claim (for accepted claims with a physical injury only). The employer is also required to pay the first $744 (2021/22 financial year amount, indexed annually) of medical and like expenses relating to the injured worker’s treatment – this is your employer’s excess. After the medical excess is reached your WorkSafe agent will then manage all future medical and like costs according to WorkSafe’s policies and fee schedule. You will not need to pay this if you have selected the excess buyout option for your WorkCover insurance.
What if I don’t pay the medical excess?
You are obligated to pay the medical excess on physical injury claims by law. The amount of the employer excess is indexed on 1 July each year. If you have not paid the medical excess by the end of the financial year, the amount of the liability will increase to next year’s amount. Payment of the medical excess will allow your WorkSafe agent to take over the management of the claim.
Who pays if you remove the employer excess?
Your claims are managed and paid for by your agent from day one, so you have no financial burden for your WorkCover claim.
You can remove both the requirements to pay the medical excess and the first 10 days of weekly payments on any claim by choosing the excess buyout option offered as part of your WorkCover insurance. You can do this by contacting your WorkSafe agent.
How do I opt to remove my employer’s excess?
You can do this by logging into the Online Employer Services (OES) insurance portal, then updating your remuneration and selecting the excess buyout option.
Alternatively, you can contact your WorkSafe agent and advise them directly. Any change to your excess buyout must be made before 1 August each year for it to apply to your WorkCover Insurance Premium.
If you are having issues with the above, please contact myWorkcover for assistance. We are here to assist.
What types of treatment and services cannot be paid as part of medical excess?
Non-approved services that cannot be paid or reimbursed as part of a WorkCover claim include:
Bowen therapy, Pilates, reiki therapy, Chinese and herbal medicines, Chinese medicine practitioners, hypnotists, natural medicine products, costs associated with obtaining medical reports and services provided by providers who aren’t and cannot be registered with WorkSafe.
What happens if my premium Increases?
Employer premium-rate increases from year to year are generally capped at 30 per cent. Capping generally applies to workplaces that continue from one year to the next and that retain the same industry classification. Capping also applies to the imputed workplaces of labour-hire employers.
Other factors that affect the premium payable by an employer are the deductible benefit, the minimum premium and any buy-out premium. However, the deductible benefit has little impact. Every employer in Victoria regardless of the size of your organisation and remuneration, each employer will receive a $15,500 remuneration deduction, in terms of premium, this depends on your industry rate. The premium payable is subject to GST, which is applied after the premium is calculated.
What are the claims costs?
These are payments made about a claim, including an estimate of future costs. This includes:
- compensation payments
- costs and expenses relating to the claim
- settlement payments
- the estimation of future payments, expenses, and costs.
All employers have their claim costs measured in the same way – measuring your performance compared to your industry. Please note that provisional payments will not impact your 2022-23 premium.
Your premium rate for 2022-23 is expected to be calculated based on standard factors including your remuneration, industry classification, previous claims and other aspects that may affect it (such as provisional payments).
How do future claim costs (also known as Statistical Case Estimates – SCE) work?
WorkSafe uses a model to estimate the lifetime cost of WorkSafe claims. The model uses WorkSafe’s experience over 25 years to estimate the average cost of a similar claim.
The main factor impacting an estimate is your return to work rate. If a worker returns to work and compensation ends, the estimation of future costs is reduced. The longer a worker remains back at work, the more the estimate will fall, reflecting the reduced likelihood of the worker requiring further time off work to recover.
Each estimate is made after a three-month delay, to allow all invoices and reimbursements for a claim to be received. This allows a more accurate cost calculation of the claim.
You can influence the estimated future claim costs by ensuring your WorkSafe agent (also known as the “Insurer”) has up-to-date claim information including:
- medical certificates
- requests for reimbursement
- return to work plans
- other documentation the WorkSafe agent requests
Note: The estimation of future costs, also called Statistical Case Estimates (SCE) will never be reduced to zero. The SCE fluctuates all the time, it can go up or down over time depending on what is happening on the claim. When claims are managed efficiently and effectively, it will reduce the SCE over time. A reduced SCE will reduce your premium.
What happens with rejected or closed claims?
Rejected or closed claims may still have a cost estimate allocated to them. This is because claims can reopen, and workers may have the ability to appeal the rejection of their claim. A claim estimate will only be included in your premium calculation if compensation has been paid.
Grouping employers: How it affects your premium
WorkSafe can treat two or more employers as a single employer for premium calculation, workplace industry classification, and debt collection purposes by grouping them. The Workplace Injury Rehabilitation and Compensation Act of 2013 contain provisions for grouping.
When the Authority may treat Group workplaces as a single workplace
If two or more people (the relevant people) are members of a group; and carrying out their respective operations at two or more group workplaces (the constituent workplaces) that are contiguous with each other or occupy (in whole or in part) the same area of land, and the Authority is satisfied with one or more of the matters set out in below clause, the Authority may decide that some or all of the constituent workplaces are to be treated as one.
Definition: group workplace means any place of business (whether or not a workplace of an employer) at which any of the relevant persons (whether or not an employer) carries out its operations, and such place shall be treated as a workplace of that person.
Premiums Order No. 30
Grouping in Victoria can have a tremendous effect on your WorkCover premium. The Authority may decide only if it is satisfied that the operations at the constituent workplaces are:
- not conducted independently of one another; and/or
- linked to one another; and/or
- conducted with the intent, either directly or indirectly, of reducing the amount of premium payable by one or more of the relevant persons under this Order.
The impact of treating Group workplaces as one workplace
If the Authority decides, this Order will take effect as if the predominant activity and applicable industry rate for each constituent workplace were the same as for the grouped workplace. If workers employed by a group member work at the workplace (or place of business) of another group member, this subclause Item 2(5) of the Premiums Order applies, and the second-mentioned workplace (or place of business, as the case may be) is deemed to be the employer’s workplace for this Order. This means that if the second workplace has a different and lower premium rate, it will be treated the same as the first. The second workplace will be classified in the same industry as the first.
More grouping information in Victoria and other states can be found here.
Who forms part of a group?
Grouping is when two or more related employers are treated collectively for Workers’ Compensation premium calculation and debt collection purposes. A typical group structure is a parent company with one or more subsidiary companies.
For example:
Belinda Boyd Pty Ltd, Bellinda Boyd Car Dealership Pty Ltd and Bellinda Boyd Car Repairs Pty Ltd
In this example, Bellinda Boyd Pty Ltd, Bellinda Boyd Car Dealership Pty Ltd and Bellinda Boyd Car Repairs Pty Ltd are related and grouped.
Employers are grouped for Workers’ Compensation premium calculation purposes when two or more employers each hold a Workers’ Compensation policy and are related for grouping under the Workers Compensation Act in each state and territory.
Total wages paid for the group must also exceed the prescribed threshold. For Pay Roll Tax reporting to the States Revenue Office, the threshold is $750,000 and is indexed annually.
- Related employers
- Corporations related under section 50 of the Corporations Act 2001
- Businesses that are commonly controlled – e.g., common directors
- Businesses that have common employees
- The same person(s) has a controlling interest in each of two or more businesses
Circumstances for grouping
Grouping provisions can be found in the Workplace Injury Rehabilitation and Compensation Act 2013. Workplace Injury Rehabilitation and Compensation Act 2013 Statutory rule in force
Related corporations
Two corporations will be grouped when one is related to the other under section 50 of the Corporations Act 2001.
Inter-use of workers
Businesses will be grouped with other businesses where:
- a worker performs duties for a business run by their employer and another entity
- a worker of the employer is employed to perform duties for a business run by another entity
- an employer has a formal or informal agreement for a worker to perform work for a business run by the other entity.
Commonly controlled businesses
There will be a group if a person has a “controlling interest” in two or more businesses. The definition of a “controlling interest” varies depending on the type of entity that runs the business.
Grouping for industry classification
For Premium calculation purposes, members of a group who share a workplace or have contiguous workplaces may be classified as one workplace. Contact myWorkCover for more information on when this may apply.
Exclusion from grouping
In certain circumstances, WorkSafe may exclude a company from a group. WorkSafe will consider the following factors when deciding whether or not to exclude a business from a group:
- trade between the businesses
- sharing of resources between businesses
- common management between the businesses
- common financial arrangements between the businesses
- common customers between the businesses
- the extent of the connection between the businesses
- any other relevant matters
Joint ventures
In the case of joint ventures, a group will almost certainly exist between the joint venture entity and the joint venturers, based on either the ‘inter-use of workers’ grouping or the ‘common controlling business’ grouping. WorkSafe has ruled that joint venturers will not be grouped if they are unrelated under any grouping circumstances, except when they come together as joint ventures.
Professional practice
WorkSafe will generally exercise its discretion not to group when several professionals practice (for example, doctors and accountants) share the services of a common administrative services group.
Written by Yon Ta, updated 23 May 2023.
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Disclaimer:
The information presented in this post, article or book is intended solely for informational and educational purposes and should not be considered legal advice. It does not express specific opinions on individual cases. Before taking any action based on the information provided, it is strongly advised to seek additional professional advice. This information should only be used to gain a better understanding of how Workers’ Compensation insurance functions and is purely illustrative. My WorkCover Solutions Pty Ltd disclaims any liability for any losses or damages resulting from the use or reliance upon the information provided. The information in this article is believed to be accurate as of its publication date. However, please note that changes in applicable laws may affect its accuracy. This article provides general information and does not take into account any specific person’s circumstances. It may contain information about Workers’ Compensation insurance regulations in your State or Territory. To ensure compliance with legal obligations, it is recommended to refer to the current legislation in force in the State or Territory where your business operates. Up-to-date legislation can be found on the respective WorkCover Authority websites for each state or by contacting myWorkCover for updated information.
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