It is important for IT companies to have Workers Compensation in all states that they employ technicians, to ensure correct coverage. The insurance guarantees compensation for any worker, whether a contractor or layperson working on a home project, who might be injured while working on site. State laws (which vary significantly) govern the amount of benefits paid and other compensation provisions.
Workers' compensation laws are usually a feature of highly developed industrial societies and are often only implemented after long and hard fought struggles by labour unions. In most cases, however, there are benefits available to dependents of workers killed on the job.
When is a worker covered for workers compensation?
A worker is entitled to compensation for any personal injury or disease, or aggravation of an injury or disease that occurs:
- During the course of employment
- By an incident arising out of employment
- By way of gradual process (diseases must be materially contributed to by your employment)
- On a journey to or from work (except if an accident involves a motor vehicle)
How much does workers compensation pay?
Naturally, workers compensation can vary, depending on circumstances and employment situation, but a worker is generally entitled to receive their normal weekly earnings for the first 26 weeks of total or partial incapacity (less any amount they actually earn). If after the first 26 weeks you are still incapacitated you will normally be paid at 75% of your loss of earning capacity. Minimum and maximum provisions may apply, so if you are an employee it’s a good idea to check with your employer.
Will my weekly benefits reduce at any time?
Up to a certain point, your weekly benefits should be unaffected, however after 26 weeks weekly benefits automatically reduce to 75% of your loss of earning capacity.I had a vehicle accident on my way to work, am I covered by workers' compensation?
Claims made on journeys to and from work involving motor vehicles are excluded from the Work Health Act; however they are covered under the Motor Accidents Compensation Act. Despite this, journey claims not involving a motor vehicle are still covered by workers compensation, which is reassuring.
Statutory claims decision-making process
WorkCover, the government body responsible for claims arising from a workplace accident (injury or condition) follows a set decision-making process to access applications as defined under the Workers’ Compensation and Rehabilitation Act 2003. This may include:
- worker is a ‘worker’ as defined under the Act
- worker sustains an injury as defined in the Act
- worker visits medical practitioner who issues a “Workers’ Compensation Medical Certificate”
- worker’s and employer’s report, medical certificate and tax declaration forwarded to WorkCover
- interviews with worker, and witnesses nominated by the worker and the employer; interviews can be by WorkCover
Accidents and injuries in the work place (or travelling to and from the work place) can be a tricky issue. If you are an employer wishing to know more about what type of cover you have, or how you can be safeguarded against the financial threat of claims, get in touch with your insurance broker to better understand workers compensation insurance. If you are an employee wishing to know more about how you are covered in case an injury situation arises in the workplace, speak to your employer and find out exactly where you stand.
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