Author: Teamwsib

Workers Compensation – Premium Rate increases released for NSW & Victoria

NSW – iCare

The premium rates for the Nominal Insurer workers compensation scheme will increase by an average of 8% for the 2023-24 financial year. This means premium rates for 2023-24 will increase from 1.48 per cent of wages to 1.60 per cent of wages.

Key changes for 2023-24:

  • Workers Compensation Industry Classification (WIC) rates increase by an average of 8% (some higher, some lower)
  • Employer Safety Incentive (ESI) evolves into the Safe Employer Reward (SER)
  • Claims Performance Adjustment (CPA) table of rates extended to 600+%
  • 8% increase to Loss Prevention and Recovery (LPR) claims adjustment factors
  • Minor changes to Dust Disease Levy (DDL) (as per SIRA’s instruction)

Every industry has its own inherent level of risk so icare applies a premium rate based on the safety performance of each industry over the last 5 years. For 2023-24, some businesses will see an increase less than the scheme average of 8%, and some will be greater.

For more information and to find out how your New South Wales premium maybe affected by these changes please reach out to your WSIB Account Executive.

Victoria – WorkCover Premium increases 2023/24

Premium rate increases announced by the Victorian government

The Victorian Government this week announced changes affecting the workers compensation scheme which, in summary, include

The average premium rate has increased to 1.8% from 1.272%, effective 1 July 2023

  • Legislative change is planned for eligibility to weekly payments for mental injury claims (stress and burnout) and claims lasting longer than 130 weeks. This is being considered, with legislation due later in 2023 and planned to come into effect in 2024.
  • Establishing Return to Work Victoria to bring a dedicated focus to piloting initiatives designed to improve return to work and prevention outcomes. WorkSafe is currently consulting with key stakeholders about how this will work.

For more information and to find out how your Victorian premium maybe affected by these changes please reach out to your WSIB Account Executive.

How does rising inflation affect Small Business and Personal insurance?

The rising inflation we’re experiencing now is affecting insurance in a number of ways.

Materials commonly used to replace damaged properties, such as building items and even labour, are in short supply, driving up replacement costs.
In these times, it’s important for small businesses and home owners to make sure the sum insured for their assets reflects their current replacement value so that if your property is damaged, the settlement should be sufficient to cover the costs.

If the sum insured is not accurate, this may impact the settlement received if you have to make a claim.

Insuring for the true replacement cost is crucial, and there is one major factor to consider:

Co-Insurance
In business insurance there is generally a co-insurance clause that states you have to insure for the replacement cost of the building as at the time you take out the policy.

That’s relevant in the current inflationary environment because, unfortunately, the cost of materials and building costs have increased significantly.

If the insured amount is $1 million and it’s going to cost $2 million to replace, you’re $1 million out of pocket.

If you don’t insure for full replacement cost, in the event of a claim, the insurer can reduce the amount of the payout even if there is not a total loss.

The way in which this works is complex and depends on the wording of the particular policy. However, the following is an example based on common wording:

  • Sum Insured on the building: $1,000,000.
  • Actual cost of replacement of the building: $2,000,000.
  • Cost of repairs: $200,000.
  • Amount payable under the policy as per co-insurance clause = ($2,000,000 x 80%) = $1,600,000.
  • Sum Insured of $1,000,000/ by amount payable $1,600,000 = 62.5% rate of cover
  • Cost of Repairs of $200,000 x 62.5% rate of cover = $125,000
  • Amount payable = $125,000. Leaving $75,000 uninsured / Co-Insured by You.

Although if the building burns down, the insurer only has to pay the sum insured. If the insured amount is $1 million and it’s going to cost $2 million to replace, you’re $1 million out of pocket.

Yearly review of sum insured recommended.

Underinsurance can be a serious problem in Australia, especially when people don’t regularly review the sum insured. Small businesses and home owners should aim to review the value of their assets at least once a year – possibly twice a year at the moment because the increases are so significant.

Every time a policy is renewed, you should be working out the replacement cost of the asset and talking to us about the adequacy of your program.

If your property or asset has an unusual feature, it’s best to periodically use either a quantity surveyor or a valuer to get a more accurate calculation.

Calculations should factor in a time lag.

Another point small businesses and home owners should consider is that if your building or another asset is damaged or destroyed, it may take a while to replace, as some materials are not currently accessible.

Jobs that previously took six months can now take 12 months because the materials aren’t available.

Also, if a significant amount of work is required, it will probably take a while to get council approval. In the time required to get either approval or for the materials to be sourced, costs could have risen again. All this needs to go in the mix when working out how much cover you require.

Please don’t hesitate to reach out to us on (02) 9587 3500 or theteam@wsib.com.au if you have any questions.

Original article source: Steadfast.
Please note that the information contained is General Advice only.
General Advice is advice that has been prepared without considering your current objectives, financial situation or needs. Before taking any action, you should consider whether the general advice contained in this communication is appropriate to you having regard to your current objectives, financial situation, circumstances or needs, and seek appropriate professional advice if you think you need it.

Statutory Liability insurance – should transport companies have it?

STATUTORY LIABILITY INSURANCE – SHOULD TRANSPORT COMPANIES HAVE IT?

Each year in Australia transport operators die or are injured doing their jobs.

To help improve the safety of drivers and their goods there are several regulators involved in a transport company’s business. Day-to-day activities of the regulators can involve education, site visits, or even on the spot fines about minor compliance problems.

Should a serious compliance problem or an incident occur those regulators suddenly may be looking to launch an Inquiry against your company, or even serve your business with papers to go to court.

And that’s when Statutory Liability insurance can really help out.

What sort of incidents are transport operators are going to court for, and how can Statutory Liability insurance reduce the financial burden on those companies if this occurs?

How does Statutory Liability help?

Statutory Liability cover is designed to respond to:

  • Costs that are incurred in an Inquiry from a regulator.
  • Costs that are incurred in defending your company in court from a regulator.
  • Certain costs from an Enforceable Undertaking agreement.
  • Fines or Penalty payments from those regulators, where legally allowable.

Let’s now look at those regulators; NHVR, Worksafe and EPA.

National Heavy Vehicle Regulator

The first regulator to consider is the “National” Heavy Vehicle Regulator (despite the name, WA and NT operate under different regulations). They are the regulator for the Heavy Vehicle National laws, which sets out guidelines for the use of heavy vehicles (think trucks, buses, mobile cranes, and agricultural equipment).

In 2021 alone the NHVR resolved at least 14 court cases and 7 Enforceable Undertakings for improper practices relating to heavy vehicles.

The NHVR has prosecuted for:

  • Exceeding licenced fatigue management or driving duration.
  • Managerial failure to take reasonable steps to manage or track driver fatigue.
  • Falsified work diary (including referencing camera data or GPS data).
  • Improperly secured load – with or without a load falling off.
  • Insufficient training or induction to drivers.
  • Load weight or dimensions exceeded.
  • Vehicles improperly modified.

Prosecutions were made against both companies and individuals.

WorkSafe

While NHVR monitors driver fatigue for much of Australia, that doesn’t mean transporters are off the hook with WorkSafe. Injuries or unsafe practices off the road can quickly have WorkSafe knocking on your door.

WorkSafe has prosecuted for:

  • Failure to maintain vehicles at a safe level.
  • A vehicle or trailer striking someone at their workplace (such as due to a brake failure).
  • Injury sustained during loading or unloading.
  • Injury sustained from a load falling off of a parked vehicle.
  • Managerial failure to educate drivers about safe driving and driving fatigue.
  • In WA and NT, WorkSafe can also prosecute for the NHVR events outlined above.

Prosecutions were made primarily against companies, but individuals can be held accountable for their actions.

Environmental Protection Authorities

State and Territory EPAs are regulators that monitor pollution, waste, and the overall state of the environment. While their responsibilities and prosecution frequency can vary by location, EPAs are interested and monitor transport companies.

EPAs have prosecuted for:

  • Failure to use correct ‘dangerous goods’ signage and similar.
  • Failure to arrange permit or to transport hazardous waste.
  • Failure to have a Waste Transport Certificate, consignment authority or similar.
  • Pollution spill due to improperly secured load.
  • Vehicle accident caused transported goods polluting local area.
  • Falsified weighbridge information.
  • Failure to inform EPA of an event.
  • Failure to meet the conditions of an EPA licence.
  • Chemicals leaving your depots or sites through pipes, storm runoff, refuelling accidents or decommissioned machinery.
  • Petrol or oils spilling on-site from storage tanks.
  • Offensive odours being smelt at neighbouring properties.

Summary

Both on the road and off transporters have the risk of breaching their statutory obligations and a regulator taking the company, driver, or executives, to court.

Statutory Liability insurance can reduce the financial burden through early legal intervention, reimbursing Defence Costs or Inquiry Costs, and where possible also covering fines or penalties imposed by the courts.

Please don’t hesitate to reach out to us on (02) 9587 3500 or theteam@wsib.com.au if you have any questions.

Author: Stand Underwriting.
Source: Steadfast.
Please note that the information contained is General Advice only.
General Advice is advice that has been prepared without considering your current objectives, financial situation or needs. Before taking any action, you should consider whether the general advice contained in this communication is appropriate to you having regard to your current objectives, financial situation, circumstances or needs, and seek appropriate professional advice if you think you need it.

AUDITSAVE

AUDITSAVE

As widely promoted and warned on every news and media platform, due to Covid, other disaster relief payments issued by the government over the past 2 years, and the current property boom, the ATO have every intent to dramatically increase random and targeted Tax Audits, Reviews, and Investigations on salary wage earners, businesses, and SMSFs.  With this in mind, a superior product and structure is now available, through us, to ensure more clients are protected.

This product is based around eliminating the challenges accounting practices and other financial services businesses have been facing with offering tax audit insurance to their clients each year.  These challenges are:

  • Time consuming annual administration
  • Sharing private client information to the insurance company
  • Selling insurance to the clients every year (clients paying more than a stand alone policy but not actually owning the policy)
  • Only a small percentage of the clients take up the offer, leaving a large amount unprotected.  This ultimately means the accountant’s fees connected to the audit work undertaken may not be protected and potentially forcing the accountant to chase their fees which could damage client relationships.
  • Clients paying huge tax audit service fees if they want cover
  • SMSF trustees not having any protection.

Our Solution to this.

  • The premiums are dramatically reduced (up to 85% or more in some cases), saving clients hundreds (if not thousands) of dollars to ensure 100% of the accountants’ clients are protected, and more importantly the accountants audit fees.  The average client cost is generally around $30 to $60 (pending on practice demographic of clients).
  • Automatic protection for new clients, during the term, under the policy. No additional cost! No requirement to notify the broker or AuditSave of any new client.
  • SMSF Trustee protection from administrative penalties issued by the ATO if the trustee has been found to breach the SIS Act.  If the SMSF does not have protection under the AuditSave policy, all penalties must be paid by the trustee.  The fund CAN NOT pay the administrative penalties.  This is the first and only policy to provide protection for SMSF Trustees.
  • Group policy also available for just SMSF services organisations (like SMSF Administration or Financial Planning practices) or accounting practice who provides SMSF services.
  • No selling tax audit insurance to the clients.  Commonly, the tax audit fee, plus any additional service fee, is simply added to their client’s annual accounting fees (just like all other business expenses like PI insurance) and using this opportunity as a “value-add” to their existing service. 
  • Increase profits. This is a great opportunity to increase annual client fees.    Generally, clients don’t mind fee increases when they receive a great benefit for it.  Even doubling the actual tax audit cost on to the annual client fee would be saving the client around 70%.
  • Attract new business clients.  Because of the huge savings on tax audit with this “value-add” structure, the practice could easily attract new business clients.
  • No administration.  Just a simple renewal.
  • No sharing private client information.  It remains private.
  • 7 year retroactive date.  This policy will allow for claims in the event the ATO deciding to conduct a review, investigation, or audit up to 7 years prior to the policy start date.
  • The premium can be funded across 12 months whilst annual fees are collected. 

Please don’t hesitate to reach out to us on (02) 9587 3500 or theteam@wsib.com.au if you have any questions.

Please note that the information contained is General Advice only.
General Advice is advice that has been prepared without considering your current objectives, financial situation or needs. Before taking any action, you should consider whether the general advice contained in this communication is appropriate to you having regard to your current objectives, financial situation, circumstances or needs, and seek appropriate professional advice if you think you need it.

Loss Time Injury Frequency Rate

Loss Time Injury Frequency Rate (LTIFR)

The Lost time injury frequency rate (LTIFR) calculator is a data tool that helps you compare one aspect of the work health and safety performance of your organisation against industry benchmarks.

A lost time injury is an injury sustained on the job by worker that results in the loss of productive work time. The LTIFR is the average number of lost-time injuries per million hours worked for each industry in Australia in each year, regardless of how serious the injury was, so long as it involved some time off work.

LTIFRs are useful for assessing lost productivity and inadequate injury prevention.

SafeWork Australia has just updated the data powering the LTIFR calculator so you can now get the latest industry benchmarks, based on the workers’ compensation claims data from 2018-19 to 2020-21 and Australian Bureau of Statistics Labour Force data. They have also expanded the supporting information about the LTIFR calculator so you can use and interpret your rate effectively.

The calculator, and more information, can be found here: https://www.safeworkaustralia.gov.au/data-and-research/industry-benchmarking

Have you ever considered Premium Funding?

Have you ever considered Premium Funding?

As a result of the current economic climate, we are seeing the cost of living continue to increase. From rises in interest rates to insurance premium increases, whichever way we look at it, cash flow is becoming more and more of an issue in many Australian businesses.

This is where Premium Funding comes in. With insurance premiums generally being one of the largest lump sum payments that can effect the cash flow of a business, we wanted to provide our clients with an option to spread their repayments out over the year.

What is Premium Funding?
Insurance premium finance is similar to leasing. The same cash flow management principals hold true for insurance premiums as they do with leasing. Insurance premium financing simply allows individuals and businesses to spread insurance costs over an extended period.

Benefits of Premium Funding:

  • Smooths business cash flow by paying your insurance premiums in instalments.
  • Interest rates are fixed so you are protected from interest rate fluctuations.
  • No ongoing loan service fees.
  • Interest charges on premium funding transactions are generally tax deductible.
  • No additional security or company charges required.
  • Retain working capital within your business.
  • Payments via direct debit from your bank account.

If this sounds like something you might be interested in exploring, or for any further details, please don’t hesitate to reach out to your Account Manager, call the office on (02) 9587 3500 or send us an email theteam@wsib.com.au.

Please note that the information contained is General Advice only.
General Advice is advice that has been prepared without considering your current objectives, financial situation or needs. Before taking any action, you should consider whether the general advice contained in this communication is appropriate to you having regard to your current objectives, financial situation, circumstances or needs, and seek appropriate professional advice if you think you need it.

icare announces selection of claims service providers for the NSW Workers Compensation Scheme

icare today announced a significant milestone in its program to improve NSW workers compensation with the selection of six Claims and Injury Management Service Providers to manage claims within the NSW Nominal Insurer Scheme.

Following a comprehensive tender process, icare has selected Allianz, DXC, Employers Mutual Limited (EML), Gallagher Bassett (GB), GIO and QBE to manage workers compensation claims for the NSW Nominal Insurer.

Today’s announcement is part of an extensive improvement program underway at icare to improve outcomes for injured workers and businesses.

It builds on actions that have already occurred including recruitment of more case managers to improve support for injured workers, piloting a ‘first response’ service for small to medium employers that support early return to work planning, and launching of a Professional Standards Framework that provides case managers with learning and career pathways to further strengthen industry-wide capability, expertise and capacity.

NSW Minister for Finance and Employee Relations, Damien Tudehope said the changes are designed to lift competition between providers to drive improved performance, leading to better care for injured workers.

“Appointing this mix of quality claims service providers builds new capability and capacity in the system and is a key step towards providing a more targeted response to the growing number of psychological claims.”

Acknowledging the significant rise in psychological claims, icare is exploring the future appointment of a dedicated psychological claims provider to deliver innovative and targeted psychological claims services. At the same time, icare is establishing an internal team that will develop and trial new approaches to psychological claims that can then be rolled out to all claim service providers.

icare CEO and Managing Director Richard Harding said improving outcomes for people with psychological injuries was contingent on understanding the vastly different challenges they face.

“Research shows one in five Australians experience mental-ill health in any given year. Considering mental health issues are now the most common diagnosed long-term health condition in Australia, and are a growing proportion of workplace injuries, it’s essential we respond with specialist care to ensure these workers get back to health and work as quickly as possible.

“Four of the six claims providers will provide specialist psychological claims capability with skilled and experienced case managers dedicated to managing psychological claims. We’ll also bolster our approach to psychological claims management with an internal team dedicated to improving psychological claims outcomes and potential additional appointments to our claims provider panel in the future.

“These changes will enable icare to drive better outcomes as icare will be publishing performance results, which will drive competition and make it easier for businesses to choose the claims providers who can give their injured workers the best care and support to help them return to health and work.”

Stakeholder consultation on the new claims model began in 2021. The engagement included a Market Study on potential service providers, a survey on the NSW Government Have Your Say website, and interviews and focus groups, with valuable input from injured workers, businesses, unions, industry groups, service providers and the community.

Subject to contract execution, the changes will be progressively implemented from early 2023, with more details to be provided over coming months.

Contracts with current Claims Service Providers Allianz, EML, GIO and QBE will end on 31 December 2022 and the new contracts will commence on 1 January 2023. The new contracts will be for up to 10 years, subject to provider performance. Further providers may be brought on to the panel at a future date.

Considering feedback from a range of stakeholders and lessons from past experience, iCare have confirmed that the changes will be rolled out in a staged approach over the next two years to minimise impact on injured workers and employers.

Please don’t hesitate to reach out to us on (02) 9587 3500 or themteam@wsib.com.au should you have any questions at all on how the change might affect you, otherwise we will be in touch with you regarding this in due course.

Is your home or building ready for a third consecutive La Nina?

The third consecutive La Nina is well and truly upon us which begs the question, is your home or building ready?

While there isn’t much we can do to change the weather, there are several strategies we can recommend in order to help mitigate your risk this wet season:

  • Check your gutters and clear them of debris.
  • Check your property to ensure it’s in good condition/repair to with stand heavy rain and storms.
  • Consider any equipment, machinery and vehicles that are kept outside or exposed to the elements.
  • Inspect your surroundings, for example: trees and shrubs, and assess them for potential to cause damage. Consider engaging a professional to help with this assessment. 
  • Consider moving low lying stock & contents to higher positions to mitigate damage if there were water ingress.
  • When leaving a property check that all of your windows, doors and openings are closed and secured.
 

In addition to that listed above, we would like to draw particular attention to the topic of updated Valuations. With the sharp increase in building costs, along with inflation pressures, as well as labour and material shortages, the replacement value of your assets has likely increased. Therefore we would recommend having an independent valuation carried out to avoid underinsurance and ensure you are adequately covered.

If you would like to talk through the particulars of your policy, or if you would like us to arrange a quote to have a formal valuation conducted, please contact your WSIB Account Manager. Alternatively, you can call our office on (02) 9587 3500 or email theteam@wsib.com.au.

WorkSafe Inspectorate activity increasing through Predictive Modelling

WorkSafe Inspectorate activity increasing through Predictive Modelling

The New South Wales Insurance Regulator – the State Insurance Regulatory Authority (SIRA) – recently ramped up the size of its Safety Inspectorate team as part of the NSW Government’s focus to prevent accidents from happening in the workplace. In mid-2021; a further 40 inspectors were added to the 330+ team boosting the ratio of inspectors to workers to one in every 10,000. More recently, SIRA have implemented systems whose predictive modelling capabilities will drive more targeted workplace safety inspections across the state.

Return to work rates are at “historic lows”, with SIRA claiming return to work within the first 13 weeks from date of injury dropping from nine (9) in every ten (10) workers in 2015, to less than eight (8) in every ten (10) as it currently stands. With economic loss being the key driver in workers compensation premiums, the risk becomes magnified insofar as poorer financial outcomes for employers coupled with increased Safety Inspectorate attention; and while the work undertaken by the inspectorate has its value and is necessary in today’s market, the time investment for key stakeholders within a business or organisation can be taken away from driving return to work itself.

In SIRA’s website article released on the 11th August 2022, it states; “Risk factors used in the modelling include the inexperience of the employer, any recent spike in claims (frequency), and delays in reporting. Factors relating to the worker include the nature, type and location of the workers injury and events such as surgery in the first month of a claim… SIRA is supporting and educating the identified employers through a mix of engagements, including inspector visits to the workplace, phone calls, virtual meetings and regular correspondence”. The article goes on to state the inspectors, who are presently required to undertake 30 inspections a month, will see their inspection rate increase to 80 inspections a month from September 2022.

The announcement of SIRA’s intent to utilise predictive modelling to increase safety inspections is another move to push for increased early intervention strategies in the workplace. Standard of Practice 34 commenced in April 2022 whose very foundation was built around positive influence on management of the first four (4) weeks of a workers compensation claim. Standard of Practice 34 sets out seven (7) expectations of an insurer and employer to provide early supportive contact, provide education and identify barriers, and matching action items to identified risks to promote a safe and durable return to work post-injury.

The Workers Compensation division here at Warren Saunders Insurance Brokers are well across the detail and have first-hand seen these trends unfold, not only in NSW but nationally as well. Our team are on hand to provide advice on how employers can drive better return to work outcomes through tailored strategic advice and leverage our relationships with insurers / scheme agents and suppliers. Contact our team today on (02) 9587 3500 or on theteam@wsib.com.au for more information.

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References:
https://www.aihs.org.au/news-and-publications/news/safework-nsw-hires-more-inspectors-boost-compliance
https://www.sira.nsw.gov.au/news/using-predictive-modelling-to-support-return-to-work
https://www.sira.nsw.gov.au/workers-compensation-claims-guide/legislation-and-regulatory-instruments/other-instruments/standards-of-practice/s34.-return-to-work-early-intervention

Cyber and Breach of Privacy

CYBER AND BREACH OF PRIVACY

A number of organisations hold personal information which belongs to clients, customers, suppliers and third parties. Under Australian law, personal information is defined as:

“Information or an opinion about an identified individual, or an individual who is reasonably identifiable:

1. Whether the information or opinion is true or not.
2. Whether the information or opinion is recorded in a material form or not.”

A number of different types of information are explicitly recognised as constituting personal information under the Privacy Act. For example, the following are all types of personal information:

  • Sensitive information (includes information or opinion about an individual’s racial or ethnic origin, political opinion, religious beliefs, sexual orientation or criminal record, provided the information or opinion otherwise meets the definition of personal information).
  • Health information (which is also ‘sensitive information’).
  • Credit information.
  • Employee record information (subject to exemptions).
  • Tax file number information.

This list is not exclusive.

If you hold personal information such as that outlined above, and that information is accessed by a hacker, there has been a notifiable data breach. This would then need to be notified to the Office of the Australian Information Commissioner and to the affected individuals. The cost of providing this notification can be high and it can  be an onerous task to notify individuals particularly when they are former clients you may have lost touch with.

Cyber insurance can be an important tool in managing this notification process. A Cyber Insurance for example can include Incident Response Expenses which includes costs:

1. To comply with consumer notification provisions of the Privacy Regulations in the applicable jurisdiction that most favours coverage for such expenses, but only to the extent that such compliance is required because of a Cyber Incident, including but not limited to:

  • Retaining the services of a notification or call centre support service.
  • Retaining the services of a law firm to determine the applicability of an actions necessary to comply with Privacy Regulations.

2. To retain a legal or regulatory advisor to handle and respond to any inquiries by any government agency, or functionally equivalent regulatory authority, alleging the violation of Privacy Regulations, including communicating with such government agency of functionally equivalent regulatory to determine the applicability and actions necessary to comply with Privacy Regulations.

Any client who holds personal information needs this kind of cover.

If you would like more information on any of the above, then please contact your account manager or reach out to us on (02) 9587 3500, or at theteam@wsib.com.au

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Source: https://broker.steadfast.com.au/au/news/2022/august/lessons-from-triage-cyber-basics

*Please note that the information contained is General Advice only.
General Advice is advice that has been prepared without considering your current objectives, financial situation or needs.
Before taking any action, you should consider whether the general advice contained in this communication is appropriate to you having regard to your current objectives, financial situation, circumstances or needs, and seek appropriate professional advice if you think you need it.