Workers compensation legislation
The workers compensation system is legislated through:
- The Workers Compensation Act 1987
- The Workplace Injury Management and Workers Compensation Act 1998
- The Workers Compensation Regulation 2010
- Workers Compensation (Bush Fire, Emergency and Rescue Services) Act 1987 -
Together they establish a workers compensation and workplace injury management system that provides for:
- prompt treatment of work-related injuries
- effective and proactive management of such injuries
- medical and vocational rehabilitation following injuries
- income support for workers during incapacity.
The system creates a fair, affordable and financially-viable workers compensation system and ensures contributions by employers are commensurate with the risks faced in their industry.
Guidelines for Claiming Compensation Benefit
The ‘Guidelines for Claiming Compensation Benefits’ published in the NSW Government Gazette on 6 February 2015 were revoked by way of notice in the NSW Government Gazette on Friday 13 February 2015 due to a technical error contained within the document. As a result, the ‘Guidelines for Claiming Compensation Benefits’ dated 4th October 2013 and published in the NSW Government Gazette on 8th October 2013 remain current.
An addendum to the ‘Guidelines for Claiming Compensation Benefits’ dated 4th October 2013 was also issued on Friday 13 February 2015. The addendum is necessary following the making of the Workers Compensation Amendment (Existing Claims) Regulation 2014 which entitled workers with an existing claim (a claim made before 1 October 2012) to receive payments for:
- all medical and related expenses in respect to the injury up to retiring age for workers with more than 20% permanent impairment
- certain medical and related expenses up to retiring age
- for certain secondary surgery consequential to earlier surgery related to the injury.
The addendum allows for the reimbursement of costs incurred for eligible medical and related expenses between 1 October 2012 and 3 September 2014 to these workers without the requirement for pre-approval of the expenses.
The current Guidelines for Claiming Compensation Benefits are under more comprehensive review for the purpose of incorporating applicable legislative amendments; identifying inconsistencies and providing clarification of claims processes; and removing duplication where information is covered by specific legislative provision. We will be consulting closely with all stakeholders on the review of these Guidelines to ensure the Guidelines are clear, consistent and easy to understand, and deliver certainty for all stakeholders prior to their finalisation and gazettal.