A single workplace accident can expose an employer to liabilities ranging from prosecution under Work Health Safety laws to workers compensation claims. Often by the time those liabilities and exposures are recognised it is too late to do anything to do reduce the financial impact on the company and / or its officers.
Workplace Law and Mutual Resource Management have formed a strategic alliance to advise and assist employers in all areas of workplace relations including WHS, injury management and workers compensation.
Driven by our clients’ preference to have one consulting group to advise them on all workplace relations matters, we, as a team, have made a commitment to ensure our clients receive specialised integrated advice.
This strategic alliance is designed to encourage a proactive, preventative approach to risk management, in particular WHS and workers compensation, where many employers feel they have little control or input once a claim is made.
We have established working relationships with the WorkCover Scheme Agents (insurers) so as to achieve the best outcomes for the Agent and Employer alike whilst ensuring legislative compliance.
We have created what we believe to be a unique approach to risk management with an emphasis on prevention and intervention.
How it works?
Step 1: Work incident/accident occurs. You notify your Scheme Agent and contact us. We advise you if a factual investigation or specialist medical opinion is needed, and if WorkCover need to be notified.
Step 2: We arrange for the factual investigation (including all witness interviews) to be done within 14 days of the incident. If necessary we also book a specialist medical examination for the worker.
Step 3: Within 28 days of the incident you are provided with a legal advice addressing these issues:
- Workers Compensation liability;
- OH&S – possible prosecution & recommended changes to systems of work;
- Environmental impact;
- Employment /industrial implications.
Step 4: If there is a related workers compensation claim, we provide to your Scheme Agent a liability advice focussing on the workers compensation liability with the supporting statements and medical reports.
Why should employers use this service?
- The entire investigation is done under the protection of “legal professional privilege”.
- Employers are involved in the process.
- Early investigation - witnesses are interviewed while events are fresh in their memory, not years later.
- Properly manage injured employees from the time the injury happens.
- Be well prepared for any Workcover prosecution.
- Obtain expert advice on key issues in a timely manner
- The dispute resolution process in many workers compensation jurisdictions requires Scheme Agents to provide injured workers with full reasons as to why a claim has been declined and to include in that notice all documents relied upon in making that decision. This is often the only information which an employer/Scheme Agent can rely upon when a matter goes to the Commission. Therefore, it is important that employers assist their Scheme Agent by getting all the relevant information to them as soon as possible after an incident occurs. If not, then it may well be too late for the Agent to do anything but accept the claim.
Remember it is better to be proactive rather than reactive.