[Busmanagers] Important reminder- Workcover

Wed Jan 25 12:07:37 EST 2006

Hi Everyone

This is forwarded to you as requested by Michael O'Leary.

regards

Chris

Chris Greig

Business Manager

Forest Hill College

Tel: 9814 9444  Fax: 9887 8126

EMR Rep Business Managers Finance Group

________________________________

From: Duff, Brett A 
Sent: Wednesday, 25 January 2006 11:46 AM
To: Yelverton, Cherry C; Findley, Julie J; Gillespie, Peta P; Greig,
Christine A; Hamilton, Amanda L; Hernadi, Marilyn M; Lee, Linda Ll;
Leeson, Jacqueline R; Maher, Lynne G; Smith, Tracey L
Cc: O'Leary, Michael K
Subject: Important reminder- Workcover

Hi all

We seek your support in reminding your relevant networks of important
changes to the Accident Compensation Act 1985 that came into effect from
1 July 2005.

As per the emails below (forwarded in July and November last year), the
Accident Compensation Act 1985 requires an employer to forward to their
Authorised Agent any claim for compensation within ten days of receiving
the claim from an employee. Employers are currently subject to fines for
the late lodgement of claims.

The Department of Education and Training has been advised that the
Victorian WorkCover Authority is proposing to more rigorously enforce
this section of the Accident Compensation Act in the near future and
will begin imposing fines on schools that do not strictly adhere to the
10 day lodgement clause. 

In order to avoid fines against the Department and schools, principals
must ensure that WorkCover claims are submitted to CGU Workers
Compensation Insurance (Vic) Ltd within the prescribed ten day period. 

We encourage you to reinforce the importance of adhering to the
amendments relating to the lodgement of claims.

Thanks

Michael O'Leary

Manager

School Financial Management Unit

Phone: 9637 3256 or 0402 450 096

Fax: 9637 2440

Department of Education and Training

Victoria

For all principals, schools and business managers. 

Circular 360/2005 - Prompt Lodgement of WorkCover Claims

Circular 199/2005 - Changes to the WorkCover Legislation & Updated
WorkCover Management Kit
<https://www.eduweb.vic.gov.au/edulibrary/Schools/Circulars/2005/circula
r_199-2005_workcover_legislation_changes-eml.doc>  advised schools of
four amendments to the Accident Compensation Act 1985 that came into
effect from 1 July 2005. Amendment 2 advised schools regarding the
prompt lodgement of WorkCover claims by employers.  

The Accident Compensation Act 1985 requires an employer to forward to
their Authorised Agent any claim for compensation within ten days of
receiving the claim from an employee. Employers are currently subject to
fines for the late lodgement of claims.

The Department of Education and Training has been advised that the
Victorian WorkCover Authority proposes more rigorous enforcement of this
section of the Accident Compensation Act.

In order to avoid fines against the Department and schools, principals
must ensure that WorkCover claims are submitted to CGU Workers
Compensation Insurance (Vic) Ltd within the prescribed ten day period. 

Please note: For a claim for weekly payments to be valid, the Worker's
Claim Form must be accompanied by a completed WorkCover certificate of
capacity signed by a doctor. If these two documents are received by a
school on different dates, then the Employer Received Date is the date
on which the second document was received. 

The procedures and requirements for processing WorkCover claims are
detailed in the WorkCover Management Kit on HRWeb at 

http://www.eduweb.vic.gov.au/edulibrary/public/hr/safetyhw/WCKit2005.pdf

Queries concerning this matter can be directed to Brett Halliday,
Employee Health Branch on telephone (03) 9637 2391.

Darrell Fraser

Deputy Secretary

Office of School Education

Department of Education and Training

Victoria

For all principals.

Changes to the WorkCover Legislation Effective from 1 July 2005 and the
Release of an Updated WorkCover Management Kit 

The purpose of this Circular is to advise of the availability of an
updated WorkCover Management Kit and to provide advice concerning four
amendments to the Accident Compensation Act 1985 that will come into
effect from 1 July 2005.  

Updated WorkCover Management Kit

The updated WorkCover Management Kit will be available electronically
from 11 July 2005.  

at:

(https://www.eduweb.vic.gov.au/edulibrary/Schools/Manuals%20Handbooks%20
Guides%20and%20Planning%20Tools/WorkCover%20Management%20Guides/workcove
r%20claims%20management%20kit.pdf) 

or on the  HRWeb at:  

(http://www.eduweb.vic.gov.au/hrweb/Pdfs/WorkCover%20Management%20Kit%20
May%202003-CGU.pdf)  

Hard copies of the updated Kit will be sent to all schools during term
3.

WorkCover legislation amendments

The four amendments to the WorkCover legislation concern:

1.	Providing injured employees who require the services of an
Occupational Rehabilitation Provider (ORP) with a choice of an ORP. 

2.	The prompt lodgement of WorkCover claims by employers. 

3.	The obligation to provide suitable employment for injured
employees. 

4.	The requirement for injured workers to notify their employer of
a work related injury. 

Amendment 1, providing injured employees with a choice of an ORP, will
require a change to the procedures you are required to follow when
processing a claim for an employee who may require the services of an
Occupational Rehabilitation Provider.  

While amendments 2, 3 and 4 do not require any changes to existing
WorkCover claims management procedures, amendment 2 does introduce
additional penalties for the late lodgement of claims by employers.

The WorkCover Management Kit which will be available from 11 July has
been updated to incorporate these changes and also includes new
Victorian WorkCover Authority Workers' Claim Forms and Employer Claim
Report Forms for use from 1 July 2005.  

Principals are requested to ensure that the procedures and forms in the
updated WorkCover Management Kit are used to process any WorkCover
claims that are lodged from 1 July 2005. 

(If an employee lodges a WorkCover claim with you over the vacation
during the period 1 July 2005 to 11 July 2005 please contact the
Employee Health Branch on 9637 2386.)

Amendment 1.  Providing injured employees with a choice of Occupational
Rehabilitation Provider (ORP) if they require the services of an ORP.

Under the existing legislation, a principal as the employer
representative, or the Department's WorkCover insurance agent, CGU
Workers Compensation Insurance (CGU), may refer an employee who has
lodged a WorkCover claim to an ORP to assist with the employee's
rehabilitation and return to work. Under the existing legislation there
is no requirement to give the employee a choice of ORP.

As of 1 July 2005 if you need to refer an employee who lodges a
WorkCover claim to an ORP you must provide the employee with a written
list of at least three ORPs. 

In order to comply with this amendment you should provide the employee
with a completed ORP Choice letter template located in The Employee's
Envelope in the updated WorkCover Management Kit.  A copy of the
completed letter should also be sent to CGU Workers Compensation
Insurance.

This letter contains a list of the Department's preferred ORPs and
advises the employee:

*      of their right as to ORP choice, and 

*      that they must advise CGU within 14 days of receipt of the letter
as to their choice of an ORP or that they do not wish to exercise their
right as to choice of ORP.

If the employee fails to advise CGU within 14 days, CGU in consultation
with you will refer the employee to one of the listed ORPs.

If you do not initiate the referral of an employee who requires the
services of an ORP at the time the employee lodges the claim with you,
the referral will not be initiated until CGU receives the Workers' Claim
Form.

Principals are strongly encouraged to initiate the referral of employees
who may require the services of an ORP at the time the employee lodges
the claim at the school.  This will help ensure referrals are made as
early as possible and that injured employees receive prompt
rehabilitation and return to work support.  Prompt return to work
support will also help ensure that the costs of WorkCover claims are
minimised and resultant premium costs are kept to a minimum.

Further advice on the types of injuries that should be referred to an
ORP, the procedures to be followed and copies of the necessary forms and
letter templates are contained in the updated WorkCover Management Kit.

Amendment 2.  The prompt lodgement of WorkCover claims by employers.

Under existing legislation employers are required to forward a standard
WorkCover claim to their WorkCover insurance agents within 10 days of
receiving it from the employee.  After receiving the claim WorkCover
insurance agent has 28 days to accept or reject the claim.  The claim is
deemed to be accepted if the insurance agent fails to make a
determination within that time.  Employers are currently subject to
fines for the late lodgement of claims.

As of 1 July 2005, in addition to fines the following penalties may
apply to breaches of the 10 day lodgement requirement for both minor and
standard WorkCover claims.

*      If a claim is not forwarded to CGU within 10 days, the Department
will not be reimbursed for any weekly compensation payments payable to
the employee for the period up to the date on which the claim is
received by CGU.

*      If the claim is not forwarded to CGU within 38 days of it having
been received from the employee, the claim will be deemed to be accepted
and the Department will not be reimbursed for any weekly compensation
payments for the period up to the date on which the claim form is
received by CGU.  

Application of these penalty provisions may have implications for
schools' access to  Regional Contingency fund support for relief costs
incurred for replacing staff who are on WorkCover leave for more  than
10 days.

It should also be noted that the Victorian WorkCover Authority (VWA) has
previously indicated to the Department that the occurrence of a school
vacation period will not be accepted as a valid reason for the late
lodgement of a WorkCover claim.

Further information on the timely lodgement of claims is included in the
updated WorkCover Management Kit.

Amendment 3.  The obligation to provide suitable employment for injured
employees.

Under existing legislation employees who have been incapacitated for
work for more than 13 weeks and continue to have entitlements to weekly
compensation payments are entitled to receive as weekly compensation
payments 75% of their pre injury average weekly earnings if they have no
capacity for work, or 60% if  they have a partial capacity for work.

As of 1 July 2005 any employee who has been incapacitated for work for
13 weeks or more and continues to have an entitlement to weekly
compensation payments will be entitled to receive 75% of their pre
injury average weekly earnings irrespective of whether they have no
capacity or partial capacity for work. This amendment formalises what is
currently standard practice as very few employees with an entitlement to
weekly payments after 13 weeks have their payments reduced to 60% of
their pre injury average weekly earnings.

This amendment is intended to ensure that claimants who have a capacity
for work are not penalised by an employer's failure to offer suitable
employment and to encourage employers to provide suitable employment for
claimants who have a capacity for work.

Further information in respect of this amendment is included in the
updated WorkCover Management Kit.

Amendment 4.  The requirement for injured workers to notify their
employer of a work related injury.

Under existing legislation an employee is not entitled to compensation
if they fail to notify their employer within 30 days of becoming aware
of their injury or illness, unless it was 'not reasonably practicable'
to do so.

The VWA currently interprets 'not reasonably practicable' to apply to a
wide range of factors such as 'ignorance, mistake, absence from the
jurisdiction, or undue influence or duress'.

This amendment formalises in legislation the VWA's current
interpretation of the existing legislation. It is very unlikely under
these provisions that an employee would be denied an entitlement to
compensation because of their failure to notify their employer within
the 30 day period.

Queries concerning advice in this circular can be directed to the
Employee Health Branch on 9637 2386 or by email to
employeehealth at edumail.vic.gov.au.  

Jeff Rosewarne

Deputy Secretary

Office of Resources Management and Strategy

Important - 
This email and any attachments may be confidential. If received in error, please contact us and delete all copies. Before opening or using attachments check them for viruses and defects. Regardless of any loss, damage or consequence, whether caused by the negligence of the sender or not, resulting directly or indirectly from the use of any attached files our liability is limited to resupplying any affected attachments. Any representations or opinions expressed are those of the individual sender, and not necessarily those of the Department of Education & Training.
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