The
System Explained
Management of Claims
While risk management can minimise the risk of injury, the
possibility of zero injuries occurring indefinitely, is remote.
Therefore despite our best endeavors there will always be
injuries that become claims. The size of the claim and the
way in which it is managed has a direct bearing on future
insurance premiums.
Claims fall into two categories: Significant and Non-significant
- Non-significant claims - where the worker is off work
for 5 days or less.
- Significant claims - where the worker is off work for
more than 5 days. These are the claims that must be proactively
managed by the employer to achieve the best possible outcome.
Insurers and employers, for a multitude of reasons, have
failed to manage significant claims proactively and this has
created unprecedented scope for improvement. This is precisely
where our systems will produce major reductions in the duration
and subsequently, the size of significant claims, directly
reducing premium loadings.
All stakeholders will benefit directly.
- The worker.
- The employer.
- Service providers – rehabilitation, medical and
various services for early resolution of the claim.
- The insurance company or claims agents as agents of WorkCover.
Other factors or considerations that may impact on claims
- The worker who needs to understand their obligations and
know that they are part of the claim procedure (and that
the employer is interested in them).
- The employer, who must be proactive and manage all aspects
of the injury, the claim and return to work so that early
settlement of the claim is achieved .
- Service providers if they are to be truly effective,
must work together as a team towards a healthy and early
return to work . Each must collaborate and integrate their
medical and practical solutions seamlessly into one plan.
- The insurance company or claims agent , who must administer
the team plan ensuring stakeholders responsibility and activity.
It is the insurer or claims agent who takes the financial
governance role in balancing claims costs and providing
efficient injury and claims administration. This custodial
role dictates that the insurer or claims agent honour their
responsibilities to each of the stakeholders.
The system includes unique key control points some of which
are: -
- Educating the employer that aggravation of a pre-existing
condition constitutes a legitimate claim. It is therefore
imperative that employers ascertain knowledge of any pre-existing
conditions so that they can adjust the duties of the employee,
even before employment commences.
- Employees understanding that the employer bears the costs
with respect to their claim and the impact it has on the
profitability of the company (workers compensation is not
a Government funded benefit).
- The rehabilitation provider - The sequence of assessing
the claim: -
- Speed is essential. Dedicated call centres are set
up in the rehabilitation providers office, manned 24
hours a day by experienced assessors. They will determine
initially whether the claim falls into significant or
non-significant status. An assessor will, at the time
of this phone call, complete the claim form on your
behalf and also notify the insurance company or claims
agent.
- Significant claims (5 days or more).
All injured workers are interviewed at the employers’
premises, by appointment and generally within 48 hours
or less . This interview is carried out by an assessor
from the rehabilitation provider with the sole purpose
of achieving the best outcome possible. The assessor
needs to achieve certain objectives: -
- Inspect the accident site to see whether a dangerous
situation exists and also whether the accident has
been caused in the way reported.
- Build goodwill between employer and employee.
- Make the employee aware of the costs of the claim
on the company.
- Set up a back to work plan in consultation with
the employer and the employee
- If necessary the assessor will organise a further
medical with a sports medicine specialist. It has
been estimated that up to 90% of all workers compensation
claims relate to the muscular skeletal system and
this is traditionally the area of expertise where
sports medicine doctors excel.
- The assessor will then give his report to the
insurance company or claims agent.
4. The insurance company/claims agent , if they wish to participate
in our system, must meet our strict criteria
- To appoint a designated team of case managers and staff.
- To provide excellence in communication, relevant and
timely information to all stakeholders.
- Most importantly to always liase and keep the employer
informed.
It is the employer who pays workers compensation premiums.
It is professional and timely advice that enables the employer
to best manage the outcomes.
Key Partners - Structural elements
Insurers & Claims Agents
Because the integrity of our system relies upon our partners’
ability integrate efficiently and effectively, we will only
allow those insurers and claims agents who have a proven track
record of performance to participate in our scheme. We require
designated teams to be appointed to our clients to ensure
fast tracking of service and claims support. Claims must be
reimbursed quickly and fairly.
The providers ability to correctly set claims reserves, liase
with stakeholders and finalise the claim is vital because
wrongly reserved claims cause excessive premium loadings and
unless challenged early, premium overcharging can not be refunded.
Therefore, only those parties with a national focus on client
service and who are solid financial institutions are permitted
to participate in our system. .
Injury Assessors
Critical to the effective management of loss, is the ability
to instantly identify and evaluate the seriousness of injury.
Injury assessment is not the responsibility of the insurer
or clams agent. They simply control premium charging and the
claims paying service functionality. Our system for this activity
requires a dedicated support team of specially qualified injury
assessors to evaluate and make immediate decisions on injury
treatment. Our partners here are industry leaders who helped
pioneer our system. Specialist in sports injury medicine,
their skills have been honed and applied to our system requirements.
Our clients have access this facility via a 1300 hot line
24 hours a day, 7 days a week.
Our assessors immediately assess the injury and decide whether
it represents a significant or potentially significant injury.
They will also complete the claims advice for the insurer
or claims agent and handle the entire procedure. If necessary
an on site employee employer meeting may be arranged within
48 hours where claims warrant this. The injury is totally
managed from the initial report to the medical treatment and
return to work.
Occupational Health & Safety Consultants
While many businesses know this is compulsory in all states
and have OH&S policies, many fail to have documented processes
and systems in response to the legislation. Merely having
an OH&S policy pasted up on the company staff room wall
will not meet the legislative standard, particularly when
a death may have occurred!
OH&S compliance is not just a strict legislative requirement
but good risk management as well. Being able to identify what
can go wrong, how can it go wrong and what can be done before
it does go wrong, is the only way for business to operate
today. Good OH&S strategies not only save premiums, but
may help avoid significant fines, legal expenses and costs
(not to mention keep you out of goal!).
You would also know that OH&S law is negative law, that
is you need to prove you did not commit an offence. With the
Corporations Act prohibiting directors and officers from funding
defence costs for themselves out of company finances, this
is no place for ignorance of the law or the faint hearted.
Hold on to your house, and the shirt off you back by risk
managing your exposure here.
Our partners are key provisioners in OH&S services and
their qualifications makes them pre-eminent in their field.
With experience in WorkCover prosecutions, audits, self-insurance
and litigation they are your “get out of goal free card”
Pre-employment medicals providers
Part of any risk process is the identification of risks to
be managed. In this system element, our partners specialize
in the business of identifying those employees who are not
fully capable of performing the tasks set them due to physical
limitations or potential to sustain injury. In addition comprehensive
medical examinations can and do reveal pre existing injuries
or injuries that may be aggravated by the nature of the work
to be performed. Completion of pre-employment medicals can
avoid the risk to an employer of being saddled with an aggravated
injury claim on his workers compensation insurance policy.
Our partners in this system element are specialists of long
standing.
Legal Advisors
Because complex claims and complex injuries do arise, it
is crucial to have the best expertise on call. In cases where
there are fatalities, evidence is taken by WorkCover inspectors
and this evidence is prima face evidence used against the
employer. Issues will be considered by the insurer or claims
agent such as whether the employer has a valid claim for indemnity
or are there civil and criminal proceedings that may flow
from this same accident. This is not the time to ring your
mate to see if he knows a good lawyer.
Our partners will also, if required, become involved in the
setting and verification of claims estimates since as previously
mentioned, an incorrect or incomplete estimate can result
in additional premiums being charged.
Workers compensation authorities are required to not only
police the compensations acts, but also the OH &S Acts
and regulations. In many statutes now these acts have been
modified to include criminal prosecution, with the provision
for very large fines for individuals including potential goal
terms for directors or principals.
Our partners are industry leaders in legal advice and service
for workers compensation and OH&S. With publications,
presentations and key support services, they are unique elements
in our system.
Together with our risk insurance strategies, your personal
legal costs, your company legal costs, the cost of fines and
penalties and even the legal costs imposed on you for WorkCover’s
costs can be covered.
All this and more is part of our total risk and insurance
solution for you.
Premium payment providers
Premiums can be a significant strain on your finances. While
most providers allow installments, invariably premium claims
loadings, premium disputes, timing issues and unexpected cash
shortages all take their toll when things get out of whack.
We recognize these all add to the cash flow constraints for
your business and if there is one slow debtor, then the domino’s
can tumble.
We have arranged for our clients a funding facility allowing
pay by the month with very attractive rates and absolutely
minimal security required. Don’t deplete your overdraft
facility.
By utilizing the premium funding option, you can even out
the highs and lows in your revenue cycles, allowing you to
deploy your capital to more beneficial arrangements such as
generating more sales, increased production or additional
business/investment opportunities. And you bank manager will
never know – its off balance sheet financing at it’s
best!
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