Employer obligations

An employer must:

• take out a workers compensation insurance policy with a licensed insurer to cover it for workers compensation claims made by workers, or
• apply to the WorkCover Tasmania Board for a permit to self-insure.

Under the Act, workplaces with 20 or more employees must have a rehabilitation policy that complies with criteria laid down by the Board.

Also under the legislation, an employer with more than 50 workers must nominate a person to be responsible for co-ordinating the timely and safe return to work of injured workers in accordance with the employer’s rehabilitation policy. This person is usually called a rehabilitation co-ordinator.

Immediately upon receiving a claim for compensation from a worker, the employer must complete the employer’s report section of the Worker’s Claim for Compensation form and, together with the Workers Compensation Medical Certificate, send them to their insurer within five working days (unless they are a self-insurer in which case, the claim form is to be forwarded to the WorkCover Tasmania Board within five working days).

When the employer receives a claim, they must start making payments as follows:

• where the worker’s first pay day is within 14 working days after the employer received the claim, if it is reasonably practicable to do so, commence making weekly payments to the worker on the first pay day or
• in any other case, commence making weekly payments to the worker not later than 14 days after receipt by the employer of the worker’s claim for compensation.

Once a claim has been lodged, the employer then has 84 days to dispute liability for the claim, and liability to pay weekly payments and medical and other expenses. To do so, a formal notice must be served on the worker within the 84 day period. The notice must advise the worker of the reasons for the dispute, and refer the dispute to the Tribunal.

Within 28 days after receiving a claim for payment of a medical or other expense, the employer must pay the expense; or serve the worker with notice in writing disputing the claim (and notify the service provider that liability for the expense is disputed, and why). The worker can then refer the matter to the Tribunal within 60 days.

The Act provides that the employer must keep the injured worker’s pre-injury employment open for 12 months following the date of incapacity (unless it can be shown that the reason for the employment no longer exists, or that it would not be practical to make such employment available) or find other suitable employment.

The employer must also find suitable alternative duties for the worker for 12 months following the date of incapacity, unless it can be shown that it would not be reasonably practical to provide duties that the worker could undertake.

Note: Terminating the worker’s employment contract may not affect the worker’s right to continue to receive compensation and rehabilitation under the Act, including suitable alternative duties. Any employer considering terminating an injured worker’s employment contract should be mindful of protections under anti-discrimination and industrial law, and discuss the matter with their insurer.

If the worker is incapacitated for more than 14 days, a return-to-work plan must be prepared. This plan should be completed within five days of the 14 day limit being reached.

The plan should be designed in full consultation with the injured worker , the treating medical practitioner and rehabilitation provider. The plan should be realistic and achievable, ensuring that the injured worker returns to work in a safe and timely manner.

In line with the Act, employers must:

• keep or have readily available a summary of the provisions of this Act
• display a rehabilitation policy in a prominent place (this is if the workplace has more than 20 workers).

Employers are also required to make available, for the information of their workers:

• the details of the insurer with whom the employer holds a policy of insurance
• the name of the person within the workplace who is nominated as the rehabilitation co-ordinator (where there are more than 50 employees).