Are there any penalties for not registering with WorkCover?
Yes. Unless you are exempt from registering if you fail to register your business with WorkCover you may be prosecuted and receive a penalty of up to $10,000 for every worker you employ.

Does every employer in the State need to register?
Not all employers have to register, there are exemptions for some small businesses. If the total remuneration you pay your workers in the 2012 calendar year does not exceed the indexed amount of $11,597*, you do not need to register and pay a levy to WorkCover unless a workplace injury claim is lodged by a worker.
*This amount is indexed, and is adjusted annually

Do I need to register with WorkCover every year?
No, your registration is ongoing. But if your registration details change, you must let us know within 14 days.

I plan on opening a small business from home and was wondering whether you had anything that covered me, if a client was to incur an accidental injury?
You will need to take out public liability insurance as WorkCover only provides protection for SA workers.

Do I need to register with you if I am a sole trader?
No. If you employ one or more workers and the total remuneration payable to your workers in the 2012 calendar year exceeds $11,597*, you must register as an employer with WorkCover.

If I buy a business, is registration included in the cost of the business?
No. If you employ one or more workers and the total remuneration payable to your workers in the 2012 calendar year exceeds $11,597*, you must register as an employer with WorkCover.

Who is covered by WorkCover?
WorkCover applies to all of your workers, whether they are full-time, part-time or casual. Directors who work in the business are usually covered for their employee role. Work experience students and volunteers are not workers, so they are not covered.

New industry levy rates operate from 1 July 2011.
Download the 2011-12 Industry levy rates booklet for a complete list of industry levy rates.

Can your levy rate change every year?
Each year the WorkCover Board considers what the average levy rate will be in light of overall Scheme performance, including assets and liabilities. The levy rate assigned to each industry class is then reviewed and may go up or down.

Can you dispute a levy rate?
You can ask for a reassessment of your industry classification, which may affect how much levy you pay, but generally speaking registered employers must pay the levy.

What are your review rights on a decision made by WorkCover?
If you are dissatisfied with a decision made by WorkCover you have the right to apply for an independent review of a decision that you consider unreasonable relating to:

• your classification to a particular class of industry
• the assessing (or fixing) of a levy
• the imposition of – penalty interest or fine
• the granting of a remission of levy or imposition of a supplementary levy or the imposition or variation of a condition that may lead to a supplementary levy
• an estimate of remuneration that is to be used for the calculation of levy.

An application for an independent review that relates to an individual employer must be made within two months of the employer being given notice of the decision. If the decision relates to a class of employer, an application for an independent review must be made within four months of the employer being given notice of the decision.

To apply for an independent review download an application for review form or call WorkCover on 13 18 55.

Do you have to account for apprentices when you estimate your remuneration?
You do need to include remuneration that you expect to pay to apprentices or trainees on an approved training contract when you estimate remuneration. Remuneration paid to eligible apprentices and trainees is excluded from the calculation of their employers' levy to assist skills creation in South Australia by encouraging employers to take on trainees and apprentices.

What happens if we make a mistake on our reconciliation statement?
If you have reconciled online simply access the site again and make the changes. You are also able to print your completed reconciliation statement and print the adjustment note. Otherwise Contact the Service Centre on 13 18 55 to amend your remuneration details.

What do we do if we have made a mistake when providing our estimated remuneration on our remuneration return?
Contact the Service Centre on 13 18 55 to amend your remuneration details.

Do I include the cost of accommodation at a hotel as part of my worker’s remuneration?
This is a complex issue. View the booklet Levy information for general guidance on how WorkCover treats remuneration or call the Service Centre on 13 18 55 for advice on your specific circumstances.

Is leave loading included in remuneration?
Yes, leave loading is included in WorkCover's definition of remuneration, except when it is part of a termination package.

Our workforce is due to get a wage rise that is backdated to February. How do we account for this in remuneration?
If there is a change in circumstances and the new estimated remuneration is greater than 20% previously declared on the remuneration return then you need to notify WorkCover on the relevant form within 28 days. Download form here.

If the actual remuneration is likely to exceed the previously advised estimated remuneration you will need to notify WorkCover on the relevant form within 28 days. Download form here.

How do we account for staff bonuses under remuneration?
This is a complex issue. General guidance is set out in the inclusions and exclusions section of the booklet Levy information. For advice on your specific circumstances phone the Service Centre on 13 18 55.

We have a rewards program for staff members who exceed sales targets. Is this included in our calculation for remuneration?
Payments such as rewards or prizes provided by any organisation such as a distributor or trade association (eg, sales targets met, apprenticeship awards) paid by, but not originating from, the employer are generally excluded from the remuneration calculation.

Our staff members receive additional pay for being on call over the weekend. Is this included in remuneration calculations?
Yes, stand by or on call allowance is included in WorkCover's definition of remuneration.

We pay for gym memberships to reward employees for exceptional service. Is this included in the calculation for remuneration?
Yes, gym memberships are classified as a fringe benefit and are included in WorkCover's definition of remuneration.

Do amounts paid for clothing allowance count as remuneration?
Yes, clothing allowance is included in WorkCover's definition of remuneration, except when it is a reimbursement to the worker for a specific expenditure.

Our sales people are paid a salary retainer and additional payments for achievement of additional targets. How do we handle this in remuneration?
This is a complex issue. Contact the Service Centre on 13 18 55 for advice on your specific circumstances.

We pay some of our workers dirt money for scraping boilers. Is this included in remuneration?
Yes, dirt money is included in WorkCover's definition of remuneration.

We cover the cost of dry cleaning uniforms and other clothing. How do we account for this in remuneration?
Yes, dry cleaning allowance is included in WorkCover's definition of remuneration, except when it is a reimbursement to the worker for a specific expenditure.

Is the first aid allowance included in remuneration?
Yes, first aid allowance is included in WorkCover's definition of remuneration.

How do we handle fringe benefits in our remuneration calculation?
Fringe benefits are payments paid by an employer as a benefit that is part of the worker's reward. These payments need to be included where the fringe benefit is of quantified monetary value. Any fringe benefit tax paid by the employer is not part of the fringe benefit.

How do we calculate overtime and penalty/shift rates for remuneration?
Your total wage, overtime and penalty/shift rates are included as remuneration. Contact the Service Centre on 13 18 55 for advice on your specific circumstances.

What records do I have to keep about injury reporting?
The worker will need to give you as much information as possible to enable weekly income maintenance payments to commence (either as an accepted claim for compensation or payments under provisional liability). You should keep copies of all information provided, including any internal incident reporting documents and any other correspondence relating to the matter.

What happens if I lodge the paperwork late?
An employer has a legislative obligation to report a claim for compensation to WorkCover within five days of receiving notice from a worker. WorkCover takes late lodgement of claims very seriously as it has potential to impact on the health of the worker. Employers who fail to lodge claim forms within the given timeframe may be fined or have a supplementary levy applied.

Is there any advantage in reporting a claim quickly?
To encourage the early reporting of a claim, an employer will be rewarded with a waiver of their responsibility to pay the first two weeks of the injured worker’s wage if they report a claim within two (2) business days (South Australian employers usually cover an injured worker’s first two weeks wages).

Who decides if payments will commence and medical expenses will be paid?
The case manager, acting under the claims management agreement with WorkCover, decides if the claim can be determined within 7 days and if not, whether provisional payments can begin.

This decision is based on the guidelines set out in the Injury and Case Management Manual, which interprets how legislation is to be applied in this area. Detailed information on the claims process is provided in the injury and return to work section of this site, which also contains frequently asked questions (FAQs) from workers and employers on this subject.

Can I sack someone while they're away from work on workers compensation payments?
When a worker has suffered a work-related injury, the employer must not terminate the worker’s employment without first giving Employers Mutual and the worker at least 28 days notice of the proposed termination (refer to section 58C of the Act). However, an employer has a duty to provide suitable or modified duties (wherever possible) to the injured worker. (For more details, please refer to section 58B of the Act.) If you are concerned about suitable duties for an individual worker with a current claim, please contact the case manager for assistance.

Where can I find information on Occupational Health Safety and Welfare?
In October 2005 the responsibility for administering the Occupational Health Safety and Welfare Act was transferred from WorkCover to a new OHSW agency called SafeWork SA. Formerly called Workplace Services, SafeWork SA is responsible for administering industrial relations legislation and managing all occupational health, safety and welfare functions in our State.

To speak to a customer service officer about OHSW or inquire about services, call the SafeWork SA Help Centre on 1300 365 255. Opening hours are Monday, Tuesday, Thursday and Friday from 8.30am to 5.30pm (excluding public holidays) and Wednesday from 8.30am to 4.15pm.

Can I sack someone while they’re away from work on worker’s compensation payments?
When a worker is injured at work, the employer must provide alternative duties (where possible) and work cooperatively with the claims agent. In certain circumstances a worker's employment can be terminated but you should seek advice from your claims agent before doing so.

What happens if the worker has more than one employer?
A worker in this circumstance is entitled to all income earned as a worker.

Are superannuation payments included in average weekly earnings calculations?
Any contribution paid or payable by an employer as part of a salary sacrifice arrangement between the employer and employee to a superannuation scheme are included in the average weekly earning calculation.

Is annual leave and leave loading included in WorkCover weekly payments?
Under the Workers Rehabilitation and Compensation Act, both annual leave and compensation may be paid for the same period during the first year of incapacity. After the first year, the worker is deemed to have taken any annual leave that might otherwise have accrued. Leave loading is the responsibility of the employer.

If a worker takes sick leave, annual leave or other leave while they are receiving WorkCover weekly payments does this affect their WorkCover weekly payments?
No, a worker is entitled to receive both their workers compensation weekly payment entitlement and their industrial leave entitlements. Sick leave, annual leave or any other type of leave, or payment relating to leave, cannot be taken into account when making weekly payments to a worker. This means that if a worker takes any leave for which they are paid, they will receive this on top of their currently determined rate of weekly payments – there is no adjustment to the weekly payments. For example, if a worker is totally off work and receiving $500 of WorkCover weekly payments and they take an annual leave day, they will be paid their usual weekly payment of $500 and receive a payment from their employer for their annual leave day as well.

Do you treat contractors the same as other workers when calculating their weekly earnings?
Yes, providing they were working under a contract of service. However, this issue is complex and you should seek direct advice from your claims agent.

How do we deal with long service leave if someone is on WorkCover?
A worker is entitled to be paid long-service leave in addition to being paid income maintenance for the same period for the first year of incapacity. If the incapacity continues for more than a year, whether long-service leave will continue to accrue or not would probably be governed by any award that may apply. The employer is responsible for paying the long-service leave wages.

What is meant by 'employment services'?
For WorkCover classification levy purposes, 'employment services' refers to the activities of providing own workers to others - it should not be confused with 'employment placement services'.

My business is a 'labour hire' firm. Will I have more than one levy rate?
For a particular location, all employment services 'labour hire' employers will have three classifications with corresponding levy rates in respect to 'employment services' activity.

What are the three classifications/levy rate for 'employment services'?
The three classifications and levy rates current from 1 July 2011 (exclusive of GST) are:

• SAWIC 8491 01 Employment services - Category 1  7.50%
• SAWIC 8491 02 Employment services - Category 2  3.10%
• SAWIC 8491 03 Employment services - Category 3  0.70%.

What are the levy rates for 'employment services' prior to 1 July 2011?
Refer to Employment services historical industry levy rates for information prior to 1 July 2011.

My business employs workers engaged in 'employment services' and 'employment placement services'. Can I receive a different classification and levy rate for the 'employment placement services' activities?
In addition to the three classifications and corresponding levy rates for 'employment services', WorkCover may allow a separation of worker activities relating to 'employment placement service'. Each case shall be assessed on individual merit subject to meeting certain criteria. A written application should be directed to WorkCover for it to receive appropriate consideration.

Why was the classification/rating system changed and are all employers affected?
The current classification/levy rate arrangements were implemented by WorkCover following a review of the classification/levy rate approach applied prior to 1/1/2001. This review identified a number of concerns in consultation with the then Labour Hire Association of SA and Recruitment and Consultancy Services Association. The change was implemented to all identified 'employment services' employers from 1/1/2001.

Do I declare wages for clerical or office workers that I supply to others only under Category 3?
No. Remuneration of such workers is required to be included against the appropriate classification category 1 or 2 or 3 dependent upon the SAWIC Code corresponding to the client's location to which a clerical or office worker is supplied or expected to be supplied.

Will WorkCover check my calculations? What are the consequences if I make an error?
WorkCover conducts levy audits from time to time to ensure the correctness of an employer's levy. In the event of an unexplained classification/levy discrepancy, WorkCover may determine any question as to the class of industry in which an employer employs workers and make a correction to the levy calculation. A fine may be imposed against an incorrect levy calculation.

If my worker has a claim which location do I put on the claim form?
In completing an Employer report form regarding an injured worker, it is the location number which corresponds to the location having been assigned either:

• SAWIC 8491 01 Employment Services - Category 1
• SAWIC 8491 02 Employment Services - Category 2
• SAWIC 8491 03 Employment Services - Category 3.

That classification should appropriately reflect the SAWIC code of the client location for the relevant period of placement of that worker with that client.

Which classification/levy rate is to be applied to my other workers who are not supplied to clients, for example, workers engaged in such activities as payroll, reception duties or other administrative/support activities?
Remuneration of workers engaged in support activity (ancillary unit activity) is to be included with the remuneration of the location which is predominantly served. Normally, the location predominantly served is the location with the greater number of workers and remuneration of workers served. Further information is available from WorkCover.

The information provided in this publication is correct at the time of printing and is provided as general information only. The specific issues relevant to your employer registration should be considered in light of this general information.

Are all claims investigated?
WorkCover is required to investigate all allegations of fraud and non-compliance with the Act. This is particularly important because fraud and non-compliance costs employers through
higher workers compensation levies. Fraud can be committed by workers, employers and/or providers.

How can the claim be accepted without any witnesses to support the worker’s version of events?
The SA Workers Compensation Scheme is a no-fault scheme. This means that if the worker and the employer state that the worker’s injury occurred at the workplace and the treating doctor certifies that the injury is consistent with its stated cause, in all probability the claim will be accepted.

Why should the claim be against us when the worker came to us with a pre-existing problem and didn’t disclose it to us when he/she joined our company?
If a worker aggravates a pre-existing condition, it will probably be considered a secondary disability and not affect the employer’s levy rate.

What do I do if I don’t believe this was a work-related injury?
The Employer Report Form provides the opportunity for employers to set out any circumstances about the claim that concern them. If you have concerns about the claim, you should complete that part of the form. The case manager will investigate the claim.

What if I believe this a recurrence of a previously claimed injury?
Advise your case manager, who will then investigate the claim.

I think the injured worker may want to sue me. What are my rights?
The SA Workers Compensation Scheme is a no-fault scheme. Workers are not entitled to sue their employers in relation to workers compensation claims.

What is a rehabilitation and return to work coordinator?
A coordinator is defined in section 28D of the Act as an individual based in an organisation responsible for ensuring the coordination of rehabilitation of employees who have a compensable injury, illness or disease.

Do I need a coordinator to comply with the legislation?
If you employ more than 30 workers (regardless of how many hours they work), you must appoint a coordinator within six months of being registered with WorkCoverSA.

Your coordinator must be based in South Australia and, unless you are exempt under the regulations, they must be your employee.

An employer who has two or more workplaces where more than 30 workers are employed must also provide a contact person at each workplace to assist the coordinator to perform his or her functions.

An exemption in regulation exists for an employer coordinator role under section 28D(7), to allow the establishment of 'group' relationships where a coordinator (or a number of coordinators) could service a number of employers within the same industry. Enquiries regarding applying for group relationships can be made to WorkCover.

What if I am in an industry that has fluctuating staff numbers and may only for a few months of the year employ above 30 staff?
If at any time during the financial year your staff numbers increase to 30 or more for a continuous period of three or more months, then you must appoint a coordinator.

Should I include staff in other States in the headcount of my employees?
Only employees in South Australia should be included ie, the new section 28D legislation will only apply to you if you employ more than 30 people in South Australia.

Do I include only full-time equivalents (FTEs) in my headcount?
When counting staff numbers to determine if you must comply with the new section 28D legislation, full-time, part-time and casual employees should be included in the headcount, not just full-time equivalents (FTEs).

When is the threshold going to lower from 30 to 20 workers?
When the workers compensation system was reviewed in the Clayton-Walsh report in 2006, it was recommended that rehabilitation and return to work coordinators be introduced in South Australian workplaces with 30 or more workers and, after three years, this should extend to workplaces with 20 or more workers.
However, at this stage WorkCover has not made any plans for review; stakeholders will be informed when this situation changes.

Our organisation does not employ 30 workers. However we wish to train a coordinator who is based in Victoria, is this ok?
This is acceptable. However if your business does reach the 30 mark, a coordinator that is based in South Australia must be appointed and trained.

Who should I appoint as my coordinator?
Your coordinator does not have to be a full-time employee who is dedicated solely to the coordinator role. However, an employer must ensure that a coordinator who has another role or roles within an organisation has sufficient capacity to carry out the functions listed in the Act.

Your coordinator should have a good understanding of your workplace, work practices and job requirements.

They will need to have regular access to all areas of the workplace (where appropriate and where your business rules permit) and to employees and supervisors with whom it may be necessary to discuss suitable work for injured workers.

They will also need to be respected by other employees and supported by management. Without the cooperation of other employees and the backing of management, your coordinator will not be effective in fulfilling responsibilities under the Act.

Can a CEO, CFO or managing director be a coordinator?
Yes. Anyone who has a good understanding of their workplace, work practices and job requirements can be a coordinator. A coordinator will also need to have regular access to all areas of the workplace (where appropriate and where your business rules permit) and to employees and supervisors with whom it may be necessary to discuss suitable work for your injured workers.

I already have a coordinator based in another State, can they be my coordinator in South Australia as well?
No, a coordinator must be based in South Australia; this is a requirement of the legislation.

My coordinator has already undergone training in another State, does this meet the training requirement?
No, a coordinator must undertake training with a provider approved by WorkCoverSA. If your appointed coordinator has already undertaken some study or courses in the area of injury management or rehabilitation, they may qualify for recognition of prior learning (RPL) or even direct credit transfer.
You must contact the training provider of your choice to discuss RPL opportunities. A list of approved training providers can be found on our website by clicking here

We have an external rehabilitation provider already on board, can they undertake this role?
No, the role of a coordinator must not be outsourced. A requirement of the legislation is that an appointed coordinator is an employee of the employer, unless a group arrangement has been approved by WorkCover. For further information on exemptions, please read the Rehabilitation and Return to Work Coordinator Guidelines for more information.

Our organisation has two registrations with WorkCover; do I need to appoint a coordinator for both?
In order to comply with the new legislation there must be an appointed coordinator for each registration (that has 30 or more employees). One coordinator cannot service multiple employers unless prior approval is given by WorkCover for an exemption in the form of a 'group relationship'. For further information about group relationships, please read the Rehabilitation and return to work coordinator training and operational guidelines, which outline the application process.

I plan to be a coordinator for our company which has multiple locations. Each location has different levy rates, which levy rate determines what training I must undertake?
If the industry levy rate for any location is equivalent to or exceeds 4.5%, then the coordinator must undertake level 2 training.

Can I train my contact people if I want to?
Yes, this is encouraged, as the contact person may support the coordinator. Having trained contact people means more support for the injured workers during the return to work process.

I have seven locations under one registration with WorkCover, and only one of these locations has 30 workers. How many coordinators do I need?
Under the legislation, 'employer' means an employer who is registered with WorkCoverSA (as distinct from a location listed under an employer's name). Therefore, in this scenario, you would need to have one central coordinator who carries out this role across each of your locations, and a contact person at each individual location.

I have eight locations under one registration with WorkCover. Each of these locations has four people. Do I need to appoint a coordinator?
Yes. You have indicated that you have 32 employees, so you must appoint a coordinator.
I have contractors working for me who are paid by the Commonwealth. Do I include them in our headcount?
Only workers who are on the payroll who draw a salary and are paid superannuation benefits are included in the headcount.

I work part-time; am I able to be the coordinator for our company?
Yes, a coordinator does not have to be a full-time employee dedicated solely to that role. However, an employer must ensure that if a coordinator works part-time or has another role (or roles), they are sufficiently capable of carrying out the functions required of them (listed in section 28D(4) of the Act).

What happens when my coordinator goes on holidays or is on sick leave?
An employer must make sure that when a coordinator is not on duty, there is sufficient back up to ensure that an injured worker's needs are being met at all times. This may mean that the coordinator trains and/or inducts someone else in the organisation who can take on the responsibility in their absence. Alternatively, an employer may choose to have two or more fully trained coordinators who can share the responsibility around and cover leave-of-absences.

Does WorkCover regulate the cost of training?
No, training providers set their own fees for the service they are providing.

Will my coordinator have to travel to other sites if we have multiple locations?
A coordinator should have face-to-face contact with workers at each location, wherever reasonably practicable. It is important that a coordinator build awareness of their role and promote their company's rehabilitation procedures. It is the responsibility of the employer to determine the frequency of these visits.

I have 20 different locations; how will I manage this requirement?
Appointing and training multiple coordinators is one solution. Each coordinator could be responsible for a particular region or business unit.

What training is my coordinator required to have?
Your coordinator will need to complete either a one-day (Level 1) or a two-to-three-day training course (Level 2) approved by WorkCover, depending on the industry in which your business operates.

An employer who is considered low risk (excluding self-insured employers) will need to ensure that the coordinator satisfactorily completes Level 1 training. Any other employer who is required to appoint a coordinator (including self-insured employers) must ensure that the coordinator satisfactorily completes Level 2 training. An employer with an industry base levy rate less than 4.5% is considered low risk.

The training will allow your coordinator to develop a good understanding of the relevant parts of the workers compensation system, in particular the legislative requirements and responsibilities of employers and injured workers.

They will be able to develop an understanding of injury and return to work management and the roles of doctors, allied health professionals, line managers and injured workers.

Note: Employers with a contact person (as well as a coordinator) are not required to send the contact person through training.

When must I comply with this training requirement?
Employers must ensure that their coordinators complete, or are enrolled in, an approved training course by 30 June 2009.

Will there be any ongoing training for my coordinator?
Some refresher training needs to be undertaken annually if your coordinator wishes to continue in this role. They may also be required to participate in ongoing professional development activities as determined by WorkCover.

WorkCover does not require a coordinator to undertake any refresher training before 1 July 2010.

How can my coordinator help me encourage the early recovery and return to work of my injured worker?
There are strategies to help your injured workers recover more quickly and reduce the impact of work-related injuries on your business. Your coordinator can manage these strategies for you. Some of these include:

• making early contact and being supportive and understanding when a workplace injury or illness occurs – this will help to maintain a sound relationship between you and your injured worker
• offering suitable employment to workers who are not fit to perform their normal duties
• accommodating your injured workers by modifying work stations or rearranging shifts
• making sure that your injured workers modify their work practices to include regular changes of posture, stretches and any required rest breaks, in line with their treating doctors instructions
• involving supervisors in return to work planning
• building co-worker and workplace support

What are the functions of a coordinator?
The coordinator is assigned the following functions under section 28D of the Act:

• Assisting your injured workers to remain at, or return to work, as soon and as safely as possible after injuries occur
• Assisting with liaising the claims agent (or a self-insured employer) in the preparation and implementation of rehabilitation and return to work plans for your injured workers
• Liaising with persons involved in rehabilitation or providing medical services to your injured workers
• Monitoring the progress of your injured workers' capacity to return to work
• Taking steps to prevent the occurrence of secondary injury.

What are the limits of my coordinator's role?
Your coordinator does not have the authority to:

• make any decisions about your injured workers' claims for compensation claims
• incur expenses on behalf of WorkCover
• develop and approve rehabilitation and return to work plans

NOTE: these rules do not necessarily apply to self-insured employers – a self-insured employer may assign some or all of these authorities to its coordinator.

Is there anything else I have to do in conjunction with appointing and training a coordinator?
Yes. You must develop and implement workplace rehabilitation procedures.

What are workplace rehabilitation procedures?
Procedures for rehabilitation and return to work in the workplace describe how rehabilitation is implemented in your organisation. They act as a guide to the process and describe the roles and responsibilities of the parties involved, including your coordinator. They should be specific to your organisation and be written in clear and simple language so that they are easily understood by all management and workers.
Some things you must include in your procedures are:

• the name of your coordinator
• the functions of your coordinator
• the rights and responsibilities of an injured worker, and an employer
• the role of line managers, supervisors, team leaders and co-workers in returning an injured worker to work
• grievance procedures
• provision of suitable employment
• suitable employment schedules
• provision for sign-off by you or your delegate.

Your rehabilitation procedures should be displayed in the workplace or made available to workers and may be integrated with other similar workplace procedures.

Is there anything I need to keep confidential?
Your rehabilitation procedure should contain a reference to confidentiality. You must ensure that at the time personal information is collected from your injured worker, they are aware of the purposes for which the personal information has been collected, how it may be used, to whom it may be disclosed, and who may have access to it. You must also ensure personal information is protected against loss and against unauthorised access, use, modification or disclosure, and against other misuse.

Is there anything else I must provide to assist my coordinator undertake their role?
Yes. You must also provide your coordinator with physical facilities that are necessary for the performance of their functions, such as access to a workstation or office, a telephone, email and internet access, fax machine and stationery.

What if I do not meet the criteria but still wish to appoint a coordinator?
Employers wishing to voluntarily appoint a coordinator in their workplace are encouraged to do.

In this case, the employer is not legally obliged to send the coordinator through training but may do so if they wish to better equip their coordinator to carry out their role.

Are there any other requirements I need to meet?
An employer is required to appoint a new coordinator within three months of a vacancy occurring in the office of coordinator.

You then have three months to comply with the training requirement.

What happens if I do not appoint a coordinator or don't do it by the required time?
WorkCover has the ability to charge employers who fail to meet their legislative obligations with a supplementary levy, or prosecute them.

Where do I get more information?
WorkCover's Rehabilitation and Return to Work Inspectorate and Support Unit
This unit provides resources, education and advice for employers and coordinators.
WorkCover: 13 18 55 or
Email: rrtwc-support@workcover.com
Employers Mutual – Client Services
The coordinator is expected to be in close contact with the case manager from WorkCover's claims agent who is allocated to their portfolio of claims. Employers Mutual is WorkCover's claims agent, and its Client Services Unit offers information and education sessions on minimising costs to your business as well as in improving injury management.

Employers Mutual: (08) 8127 1100 (or 1300 365 105 for country and interstate callers).

What is early reporting and waiver of employer excess?

In June 2008 a series of amendments to the Workers Rehabilitation and Compensation Act (the Act) were passed through parliament including an amendment to Section 46 - Incidents of liability.

An additional paragraph was included (8b), which reads as follows:

"The Corporation will also undertake any liability of an employer under subsection (3) in respect of a particular disability if the Corporation is satisfied that the employer has complied with the employer's responsibilities under section 52(5) within 2 business days after receipt of the relevant claim (and if an employer pays compensation despite the operation of this subsection, the employer may recover the amount of the payment from the Corporation up to the amount of compensation payable to the worker under this Act in respect of the relevant period)"

What does this mean for employers?

Under the new legislation employers will be financially rewarded for reporting a claim within 2 business days of receipt, by not being required to pay the first two weeks of weekly payments (currently in SA, employers are required to cover the first two weeks).

Who pays the first two weeks' wages and is there a time limit to pay this?

The employer pays the first two weeks' wages - which they must do within 14 days after the date of the claim, unless the claim is being disputed.

Why is early reporting of injuries important?

Responding quickly to treat injuries and commence rehabilitation is paramount to injury and claims management and critical to rapid return to work. Quick action in this regard may prevent an injured worker from being away from work for a prolonged period of time. This is consistent with research literature from both Australia and North America.

What does 'initial notification' mean?

An initial notification of disability means the first notification of a workplace injury that is given to a registered or self-insured employer (if the worker is in employment) and WorkCover or its claims agent.

A worker or their representative (for instance, the employer or a medical practitioner) can make the initial notification of workplace disability to WorkCoverSA or its claims agent or the self-insured employer.

What constitutes a notification of injury?

All incidents involving a disability, where workers compensation is payable or may be payable, should be notified to the claims agent or the self-insured employer.

The notification should be in writing (including by electronic means) or verbally (including over the phone) with the form completed by the claims agent or self-insured employer. The case manager after receipt of a notification will always make contact with the employer to confirm that they have been notified.

Who will make the decision if a waiver applies and how will this be done?

When the claims agent makes the decision to commence weekly payments (either as an accepted claim for compensation or a notification of disability under provisional liability), the case manager will establish whether the claim was reported within 2 business days by the employer (regardless of whether it was also notified by the worker or another party).

If this has occurred, the case manager will then, as part of their confirmation with the employer check that the worker is to be paid weekly compensation (and who is to pay the worker), advise the employer that they do not have to pay or, if they have already paid, they are entitled to seek reimbursement of the costs for the first two weeks of incapacity.

The case manager will then include confirmation of this advice in the initial claim determination letter sent to the employer.

Can the waiver be applied under provisional liability?

Yes, employers will be eligible for the waiver in instances of provisional liability payments if they are reported within 2 business days after the injury.

How do I claim back the first two weeks?

If you have already paid the worker, then all you will need to complete is a Weekly Payment Reimbursement Request (WPRR) and include the cost of the first two weeks of incapacity.

When will the waiver of the employer’s excess not occur?

When a notification of disability or a claim for compensation is not reported to the claims agent within 2 business days of receipt by the employer;
or
when a claim for compensation is made and an employer has already claimed back the first two weeks of wages for a worker under provisional liability.
or
an employer has failed to provide the necessary information required by the claims agent to determine an injured workers average weekly earnings when asked which is needed to commence the payment of weekly compensation and / or determine the claim for compensation.

Will this change affect me?

All registered employers are eligible to receive the waiver.

When do these changes become effective?

This change is effective from 1 January 2009 and applies to new claims received on or after 1 January 2009.

What if I dispute my liability to pay the first two weeks wages?

A dispute resolution process exists.
A formal request must be made by the employer in writing (email or letter) to Employers Mutual detailing the reasons for the first 2 weeks to be waived.

Where do I get more information?

Information sessions will be held in the future, please register your interest on our website.