OHS & Workcover claims advice investigations. Forms and procedures for employers for OHS & Workers Compensation legislation compliance
Stress claims & Review Applications
Stress claims investigations have a twenty business day acceptance period. At that stage if an Employer provides full statements and disclosure material, and particularly if a stress claim arises out of reasonable management action including transfer demotion and other matters, liability for the stress statutory claim can be rejected, meaning that a worker cannot proceed to common law. These are complex investigations and Employers do not often have the specialist knowledge to know what questions to address or provide to Workcover in stress claims.
Because of the short turn around period for claims acceptance decisions, we suggest you contact our office as soon as you are aware that a stress claim has been lodged. Our success rate in stress claims rejection currently stands at 97.8% over the last five years.
Where an employer wjishes to dispute an acceptance decision on any statutory claim, either physical or psychological, we prepare the evidence and submissions for Review Applications on acceptance decsions. If a claim has been rejected and the rejection is appealed by a worker , we prpeare the submissions and evdience for defence of those Review Applications for Employers.
Common Law Claims
Under a Workers Compensation policy, an Employer may be served with a notice of claim for damages. Ultimately, if you are a medium to large employer any damages paid to a worker under a common law claim will affect your premium. One bad result in a common law claim may impact your premium substantially more than a year of statutory “time lost” or “medical expense only” claims.
Often, Workcover Queensland ask the Employer to provide statements or all documents for a possible defence. We have the expertise to know what is relevant to defences, what documents are necessary to disclose and the information gathering required.
Our firm manages Common Law claims on behalf of many Employers in both NSW and Qld.. This includes carrying out the investigations, drafting statements, interviewing witnesses, attending settlement conferences on behalf of the Employer and generally ensuring that all valid defences are raised where available.
Tight management of common law claims in this manner has reduced our clients’ Workers Compensation premiums substantially. We couple the advice on common law claims with advice on how to amend safety systems to avoid future incidents of like nature occurring or high damages payouts for future incidents. We become the Employer's Agent for contact with the Workers Comensation insurer for the duration of common law claims up to the point of settlement or closure.
Legislative compliance: OHS & Workers Compensation
Are you compliant with new Workers Compensation legislation, OHS legislation, Codes and Standards?
For OHS audits,the National harmonization legislation introduced from January 2012 means that Employers face tougher fines in relation to OHS breaches, from Directors down to Managers. There is now a personal obligation on Directors to ensure that OHS is addressed at board meetings and that due diligence regarding compliance be carried out.
ESS carry out full audits of OHS systems, inspections of workplaces and provide compliance reports. We provide any missing documentation, assess the needs of a business and write OHS induction booklets to be given to all workers to prove they were trained in your policies and procedures and have been informed of OHS requirements. We write and supply site safety plans.
We have worked closely with Employers who have been investigated by WHSQ to arrange outcomes where our consultancy services to bring a company to compliance and best practice safety systems has been part of the negotiation with the Division Workplace Health & Safety Qld.
OHS requirements are complex and our advice on those aspects of you business requiring improvements is comprehensive.