JobKeeper payment and impact on Workers Compensation in NSW

Important message - JobKeeper payment and impact on Workers Compensation in NSW

As most of you will be aware, the Australian Government has implemented a JobKeeper payment which is designed to help keep Australians in jobs and support businesses affected by the significant economic impact caused by COVID-19. Around 6 million workers are expected to receive a fortnightly payment of $1,500 (before tax) through their employer.

Many of you have raised questions on how this could potentially impact your Workers Compensation Premiums and your Injured Workers weekly entitlements.

Please see below important information released by SIRA yesterday and confirms our previous advice relating to the JobKeeper payment:-

Weekly payments of compensation

Under Division 2 of Part 3 of the Workers Compensation Act 1987, a worker’s weekly compensation payment is referable to the workers average weekly earnings prior to their injury and the amount the worker is earning (or has the capacity to earn) while they are recovering from their injury.

It has been determined that any JobKeeper payment made to a worker prior to the worker’s injury will be considered earnings for the purposes of determining the worker’s average weekly earnings prior to injury.

It has been determined that any JobKeeper payment made to a worker while they are recovering from a work-related injury will be considered earnings for the purposes of determining the weekly payment of compensation to which the worker is entitled.

This approach will minimise the financial impact on injured workers who receive JobKeeper payments, provide certainty for employers and workers, and enable efficient payment of benefits by insurers.

Workers compensation premiums

An employer’s workers compensation premium is calculated based on the wages paid by the employer during the period to which the related workers compensation policy applies. The extent to which JobKeeper payments made by employers are considered ‘wages’ will impact the calculation of workers compensation premiums.

It has been determined that JobKeeper payments made to workers who performed no work during the period to which the payment relates will be excluded from the amount of wages used to calculate premium.

This decision has been taken on the basis that workers who do not perform any work are at a significantly reduced risk of sustaining a work-related injury compensable under the workers compensation system, and payments to these workers should therefore not impact premium.

It has been determined that JobKeeper payments made to workers who continue to perform work (whether in their usual or a reduced or otherwise augmented capacity) will continue to be included in the amount of wages used to calculate premium.

This decision has been taken on the basis that workers who continue to perform work continue to be at risk of sustaining a work-related injury compensable under the workers compensation system, and payments to these workers should therefore continue to impact premium.

We remain in close contact with SIRA and icare and will ensure that you receive the most up to date information and advice.

For anyone who has any additional questions on this or any other workers compensation matter please do not hesitate to reach out to any one of our team by calling (02) 9587 3500 or emailing us at WCPremium@wsib.com.au

Stay safe!

Workers Compensation Premium Relief

WORKERS COMPENSATION PREMIUM RELIEF

All employers are in the middle of unprecedented circumstances right now, with COVID-19 impacting people’s lives, our communities and the way we do business. 

WSIB has been in discussion with State & National Insurers, together with relevant regulatory authorities to seek, where possible, an amendment to Workers Compensation premiums under certain circumstances, to take into consideration the impact that COVID-19 has had on the Australian Workforce.

As these are challenging times for many of you, the last thing we want is for you to be concerned with paying a premium that isn’t reflective of your estimated wages.

If you have had a change in circumstances and believe that your premiums will not reflect your estimated wages, you may be entitled to premium relief*.

Accordingly, please contact our Policy Services Manager, Bryce Innes via email at brycei@wsib.com.au and we will address each case carefully to ensure you receive maximum relief where appropriate.  

*For NSW Clubs, Hotel & Hospitality employers you should have already received a separate communication and contact from us as due to forced closures you are entitled to premium relief if insured with HEM/CEM. Please continue to reach out to us as we will ensure that you receive maximum premium relief where possible.

We remind all of our loyal clients and friends that we are here to help in any way that we can and encourage you to reach out to us at any time, for any matter, and regardless of the circumstance. Stay safe.

Cyber Security and Protection During a Pandemic

Cyber Security & Privacy Protection During a Pandemic

During these uncertain times of Covid-19, businesses around the country are looking at ways to protect their staff from COVID-19. Instructing and empowering staff to work remotely has been a common way to encourage social distancing to minimise the spread of the virus. However, this comes with its own set of unique risks and exposures for your organisation.

Remote work arrangements can have security implication and cybercriminals may attempt to take advantage of this. We are already seeing COVID-19 scams being transmitted via text message. See Emergence LinkedIn for more information; whom are a leader in cyber security and protection within the Australia insurance industry. It is essential that adequate measures be taken to ensure effective cyber security is in place and ongoing protection of private data. This guidance is from a risk management perspective only. For any queries relating to insurance cover please contact our office.

WORKING FROM HOME
With flexible work arrangements it essentially opens the business network to unsecure home environments and insecure devices which could result in malware infection, unauthorised access, and reduced data and privacy security. It’s important that businesses and their staff ensure that remote access to business networks is secure so they aren’t vulnerable and business information isn’t exposed.

HOW DO I STAY SAFE?
It is important to set and maintain strict protocols around cyber security and the protection of private and sensitive date, both physical paperwork and files and electronic records and systems. Consider incorporating the following proactive strategies:

BUSINESS PROTECTION

  • Review your business continuity plans (BCP) and procedures, which should include a cyber incident response plan.
  • Ensure all employees are familiar with who to contact and how to contact them if they have a concern of issue which needs to be addressed.
  • Never pay ransom. It’s not always wise to pay a ransom as you are not able to determine where the money will go or if the hacker will repeat this attack.

SYSTEM & DATA PROTECTION

  • Ensure that your systems, including Virtual Private Networks (VPN’s) and firewalls, up to date with the most recent security patches.
  • Implement multi-factor authentication (MFA) for remote access systems and resources (including cloud services).
  • If you use a remote desktop solution, ensure it is secure.
  • Ensure your work devices, such as laptops and mobile phones, are secure.
  • Ensure that you are protected against Denial of Service (dos) threats.
  • Regularly monitor these who have legitimate access to the computer network, and the network itself.
  • Ensure your data is backup daily and automatically, ideally with the back-up stored away from the normal premises and not connected to the network.

EDUCATION

  • Ensure that your staff and stakeholders and informed and educated in safe cyber security and privacy protection protocols, such as identifying socially engineered email sand messages.
  • Have regularly scheduled training and education to help establish positive and secure habits within the workforce.
  • Use common sense on the internet and educate all staff about being smart about not exposing yourself to cyber-attacks. Think before you click on unfamiliar links and don’t open strange email attachments. Delete all emails that look suspicious.

    STRONG WORKPLACE POLICIES AND PROCEDURES
  • Increase your cyber security measures in anticipation of the higher demand on remote access technologies by your staff, and test them ahead of time.
  • Develop and enforce a strong password policy with a mix of letters, numbers and symbols that are frequently changed.
  • Establish procedures to ensure that all hardcopy files and paper work are continually disposed of securely.
  • Make sure staff working from home have physical security measures in place. This minimises the risk that information may be accessed, used, modified or removed from the premises without authorisation.

    SOCIAL ENGINEERING FRAUD AWARENESS
  • Ensure there are call back procedures with customers or suppliers to authenticate any fund transfer email instructions greater than $50,000 prior to transfer.
  • Maintain strong third-party vendor management protocols, but ensuring that any requests to alter supplier and customer details including bank account details is independently verified with a known contact for authenticity.

NEED MORE HELP?
Australian Signal Directorate’s Australian Cyber Security Centre (ACSC) has produced some great advice to help businesses stay secure from cyber threats whilst managing a remote workforce.

COVERAGE UNDER A CYBER INSURANCE POLICY
Cyber Insurance can be arranged to help provide another layer of protection. Coverage can be designed to cover cyber event response costs, loss of profits and any potential litigation which may arise. The costs of insurance will almost always be far less than the cost of shutting down the business in the wake of a cyber-attack.

If you have questions regarding these recommended measures or want to discuss Cyber Insurance further please call your Account Manager, or the office on:

(02)9587 3500 or theteam@wsib.com.au

Pandemic Property Protection Advice

PANDEMIC PROPERTY PROTECTION ADVICE

The COVID 19 Pandemic has thrown up many challenges to individuals and businesses alike, and social distancing procedures have forced many businesses to cease trading leaving their premises unoccupied or at the very least idle. If you find yourself in this situation we have prepared some practical advice on how to protect your assets during this period.

SITE SECURITY
Secure your property (buildings, external equipment and company-owned vehicles) to prevent intentional or accidental damage to property.
Limit site access to authorised personnel during any emergency. Authorised personnel may include employees, contractors, suppliers or customers.
Secure and inspect all potential entrance points to your facility, including external doors, skylights, windows and fences.
Inspect and test exterior lighting systems at least weekly.
All security services must remain in place and functioning. 
Test all existing security systems to ensure in good working order, including relay of remote alarms.
Existing back to base systems must continue to be used. We recommend those without back to base systems to have that arranged.
Signs on entry points including ground floor windows advising no cash kept on premises
No cash, securities etc is to be kept on the premises including in safes, floats, poker machines (If the business is not operating, cash should really be in the bank). ATMs should be emptied, Safes should be emptied.

FIRE PROTECTION EQUIPMENT
Ensure your fire protection systems remain in good working condition to reduce the consequences of a fire at your facility.
Inspect all fire protection systems, including fire pumps, sprinkler systems, gaseous-suppression systems and water tanks/reservoirs for good working condition.
All alarm panels must show all areas as active and no isolations/faults.
Lock all fire protection control valves in the wide-open position and inspect on a weekly basis.
Inspect manual firefighting equipment (fire extinguishers, fire hose) for correct location, accessibility and good working condition.
Close or remove any obstruction from self-closing fire doors.
Test and maintain fire protection systems and fire alarms throughout the emergency according to normal schedules.
Manage any impairment of fire protection equipment using Fire Impairment systems and be sure to notify your account manager / your insurer prior to each impairment.

HOUSEKEEPING
Maintain good housekeeping standards throughout the emergency to reduce the fire and arson hazard.
All non-essential electrical appliances etc to be switched off and disconnected (non-essential means items no longer used due the non-operation of the premises such as but not limited to appliances, ovens, heaters etc).
Remove all trash from inside and around the building.
During this time the Insured should be encouraged to removal all non-essential non-combustible items from inside and around the building.
Provide at least 50-ft. (15.2-m) of separation between any combustible yard storage and buildings.

IGNITABLE LIQUID
Reduce your fire hazard with safe handling and storage of combustible or ignitable liquid and gas during the emergency.
Minimise quantities of material stored on site.
Relocate storage of these products from idle production areas to dedicated ignitable-liquid storage areas, using appropriately rated containers.
Drain any idle processes using such material, including dip tanks, quench tanks and storage tanks, into appropriate containers and clean and/or inert, as required.

MANUFACTURING OPERATIONS
Monitor site conditions and take appropriate action to minimise property damage during the emergency.
Unplanned interruptions to utilities e.g. electricity, gas, water, or absence of trained operators could result in damage to equipment and process material.
Shut down non-critical or non-essential utilities, process and support equipment.
Lock out/tag out idle equipment according to company policy.
Maintain idle equipment according to manufacturer’s guidelines.
Secure cranes and other material-handling equipment.
Prior to start-up of equipment or processes, ensure all equipment safety controls and interlock devices are fully operational.
Follow established procedures or manufacturer’s guidelines for placing idle equipment back in service.

GENERAL ITEMS
For sites that will not have staff there each day we recommend someone (e.g. manager, caretaker, security patrol) to inspect the site at least 3 times a week. 
Protect valuable drawings, records and similar material by storing them in fire-rated, watertight file cabinets, vaults or safes.
Determine if there is spoilage potential for existing product or raw material storage and take steps to reduce your exposure.
Fill fuel tanks of generators, fire pumps and company- owned vehicles.
Test and maintain on-site emergency power systems.
If no backup power is available on site, turn off electrical switches during any unplanned power failures to prevent reactivation of equipment before necessary checks are completed.
Communicate with employees, key customers and vendors on status of your operations.

If you have questions regarding these recommended measures or need any advice on your insurance program please call your Account Manager, or the office on:

(02)9587 3500 or theteam@wsib.com.au

Workers Compensation & COVID-19

CORONAVIRUS (COVID 19) ARE YOU LIABLE AND WHAT IMPACT WILL IT HAVE?

Many of you have already been in contact with us to enquire as to whether or not an employee who contracts Coronavirus in the workplace could constitute a compensable claim?

The short answer is yes however whether or not the injury will be compensable will depend to a large extent on expert medical advice and proof that the virus was contracted during the course of employment, and that the employment was the main contributing factor to contracting the disease.

Proof that employment is the main contributing factor could be difficult to determine and each claim would need to be considered on its individual merits and evidence.

We advise all employers to take all appropriate preventative measures to eliminate the risk of contracting Covid-19 in the workplace, as with any other workplace health & safety risk.

Should you require any advice or assistance with preventative measures, and/or a Coronavirus claim lodged against you, please contact us immediately.

As to whether or not the cost of any compensable Covid-19 claim would have against premium, SIRA has announced that they are looking to mitigate the premium impact and are currently seeking feedback from insurers on proposed amendments to the Workers Compensation Market Practice and Premium Guidelines that would prevent costs associated with COVID-19 claims impacting individual employer premiums.

Rest assured, we are monitoring SIRA and are working closely with icare (NSW), relevant insurers and industry bodies to advocate there be no impact to any employer premiums as a result of any Covid-19 claim that may be lodged against you. We will keep you informed as soon as further information becomes available.

Remember also that during these ever-changing and uncertain times we are here for you and encourage you to reach out to us at any time for any workers compensation or non-insurance related matter if need be.

Claims Management Update

WHEN WILL YOUR CLAIM BE ADDRESSED?

With the recent bush-fires, hail storms and general wild weather, our claims management department has understandably had a large influx of claims reported.

We have responded by reallocating additional staff to our claims division to handle the increased workflow. However, due to these recent events there has been a delay in the speed of service from all aspects of insurance claims.

While we are doing our absolute best to attend to all claims in a timely manner, we, along with our insurers need to prioritise the severity of claims at this time. Based on this, any claims of a more general nature unfortunately do need to expect a longer than usual processing time.

We hope you understand and we thank you for your patience on this matter. Of course if you feel your claim needs to be prioritised please do not hesitate to contact us to discuss your needs. We are here to help.

If you are affected by these events or any others we assure you that your matters will not be forgotten.

If you have any questions or concerns regarding this please don’t hesitate to contact us on (02) 9587 3500.

Australian Bushfires – Potential Risk to Damaged Properties

If your property has suffered damage please be aware of the potential risk which may be present.

As the bushfires continue to worsen across Australia, we wanted to reach out to let you know that we are available if/when assistance is required.

We are prepared to quickly respond to claims and any emergency assistance that will be required.

If you have been affected by the fires and require assistance, please contact your account manager or our office on (02) 9587 3500 or theteam@wsib.com.au.

In the meantime, if your property has suffered damage please be aware of the potential risk which may be present.

  • Be wary of structures that may contain asbestos. When disturbed by external forces, asbestos fibres can be easily spread. If in doubt as to whether a property contains asbestos it is best to seek advice from professionals such as a hygienist or asbestos experts. Please click here for additional information. 
  • Fire damaged structures may be unstable. This may not be immediately noticeable and may pose a risk to safety in the event of a collapse. Trees that have been impacted by fire also pose an additional threat of collapse so please be vigilant.
  • Appropriate PPE should always be worn. Air quality is extremely poor and can pose a serious threat to individual health.
  • Be mindful that fire impacted areas are often left without utilities such as power, water, phone and internet reception. Should travel to impacted areas be unavoidable, consider advising family members or friends of your intended plans and expected return dates.
  • The threat of fire remains ongoing and conditions may change rapidly and unexpectedly. With utilities down in impacted regions, emergency services warnings such as SMS or the Fires Near Me App may not be reliable or up to date. If you are in doubt it is best to steer clear and wait for formal confirmation from emergency services that the threat has cleared.
  • Impacted regions may be hindered by road closures, reduced visibility, reduced speed limits, traffic and other changes.
  • Should the need to travel to impacted regions be unavoidable bear in mind that supplies such as petrol, groceries and water may be in limited supply or unavailable at all.
  • Unfortunately, we have already seen cases of looting. A teenager has allegedly been charged with stealing a vehicle from a property in Batlow. Please ensure all property is locked and secured where possible.

This check list has kindly been provided by one of our key suppliers, AJ Grant Group.

Our thoughts are with those impacted by these bushfires.

The entire WSIB team, insurers and supplier are ready to assist when you need us.

SIRA announces Workers Compensation Review

SIRA announces Workers Compensation Review

The State Insurance Regulatory Authority (SIRA) has commissioned a thorough review of the current workers compensation scheme in NSW, primarily to review the performance of the nominal Insurer (icare) and its Agents (EML, Allianz & GIO).

As a leading and highly regarded Workers Compensation Broker, WSIB have been requested to participate in this review and provide a written submission to SIRA which shares our views, experiences and insights on the operation and management of the scheme. Our submission will include a review and opinion on matters such as trends in liability valuations, costs and decisions, premium setting and calculations, operational reforms and risk management, return to work rates, data quality, customer service and complaints.

As a valued client, who may have been affected, positively or negatively, by the introduction of the new scheme in 2015, we would like to extend to you the opportunity to participate in our submission by sharing your own views, experiences and insights. Please note that we encourage supporting evidence and specific examples where possible that relate to the matters referred above.

Please further note that SIRA is not seeking current and unresolved individual complaints regarding a policy or claim and as such matters of this nature should be referred directly to your WSIB Account Executive or to Tracy Sutton (National Workers Compensation Manager) at tracys@wsib.com.au

All submissions should be sent to us at WCClaims@wsib.com.au by no later than 7th June 2019.

Premium Updates for 2019-20

PREMIUM UPDATES FOR 2019-20

icare are currently in the process of implementing the changes that they have made to workers insurance premiums in NSW. These changes were only released this week.

We wanted to communicate this to you as quickly as possible as they will come into effect from 30/06/2019 and will impact on premiums and budgets for the 2019/20 policy year.

You will shortly receive an email from icare which will invite you to renew your policy. Prior to submitting wage declarations, it is vitally important that you contact our premiums team who will further detail the changes, analyse the impact, and accuracy, and will also be able to provide you with live projections and forecasts if required.

We will also continue to work closely with icare to ensure these changes will have as minimal impact on your business as possible.

Please see below an outline and explanation of the changes;

Employer Safety Incentive (ESI)

In considering the premium model for the 2019-20 policy year, icare have maintained an Employer Safety Incentive (ESI) with all employers, however they have reduced the discount to 7.5%. This is a reduction from the previous 10% Employer Safety Incentive that icare had previously offered in past renewals.

Changes to Return to Work Incentive

The claims RTWI is no longer applied to small employers’ claims, however they will still retain their Employer Safety Incentive.

Scheme Performance Measure (SPM)

Over the past 24 months icare has consolidated claims management from five scheme agents to predominantly one. The aligning of these claims has impacted the claims cost used to calculate experience-rated employer premiums. To make allowances the SPM has been increased to 4.3%. Increasing the SPM helps to reduce adverse premium impact resulting from the claims consolidation process.

Increase in Loss Prevention and Recovery (LPR) factors

There has been a change in LPR rates for the 2019-20 policy year. For LPR clients, details of the LPR rates are as follows:

Movement of Workers Compensation Industry Classifications (WICs) between Premium pools

Each year WIC rates are revised in line with an industry’s performance. However, the average premium rate for NSW remains unchanged at 1.4% of wages. WIC changes for 2019-20 are as follows:

234 WICs have had a decrease in WIC rate.

271 WICs have had an increase.

33 WICs remain unchanged.

We are obviously not able to list all changes here and encourage you to contact our premiums team as some clients will be adversely affected. We will not only discuss the changes with you, but work with you to minimise the impact where possible.

Late payment fee

The Late Payment Fee rate for 2019-20 has decreased from 0.808% to 0.794%, per month, compounded monthly.

For further information please contact our premiums team or your Account Executive.

Deadly Weapons Insurance.

 

Deadly Weapons Insurance.

Worldwide the occurrence of malicious attacks is on the rise. Recently a man yielding a knife threatened pedestrians in Sydney CBD after murdering a lady in a nearby hotel room and prior to this an assailant was arrested after wielding a chainsaw in a Melbourne Street. Have you ever considered if your place of business could be at threat of one of these attacks, or could your business be the location for one of these attacks?

Deadly Weapons insurance has been designed to provide protection to you in the event of a Deadly Weapon incident at your premises, this being, an incident involving an individual or group of people actively engaged in killing or attempting to kill people using a deadly weapon at one of your insured locations.

The policy provides three core pillars of coverage;

1.       Physical Damage including Business Interruption (Physical Damage to Insured location including demolition, clearance and memorialisation costs Gross Earnings, Ingress/Egress & Prevention of Access by Civil/Military Authorities, Loss of Attraction Extra Expense to resume operations)

2.       Crisis Management Services (pre and post event Crisis Risk Crisis Management Services including but not limited to: crisis response investigation, crisis management support, public relations, media management and site security. Including counselling Services and Funeral expenses)

3.       Third Party Liability & Defence Costs (Indemnification of monetary judgements awarded following legal liability imposed by a court of law due to the negligence of the Original Insured following a DWP event )

Cover can also extend to a wide variety of weapons, not just firearms i.e. smashed glass, explosive, knife, syringe, medical instrument.

With events of this nature being unfortunately on the rise across the world, this is becoming an increasingly important exposure to consider, as the potential threat to your organisation can be sizeable, i.e. property damage, lengthy forced closures, loss of attraction, resultant legal liability claims etc.

Please contact your Account Manager if you would like to know more about Deadly Weapons Insurance and how it can safeguard your premises against a malicious attack.