Workers' Compensation - Cover

Introduction

The Workers Rehabilitation and Compensation Act 1988 provides that all "workers" (as defined by the Act) are eligible for workers' compensation if they suffer or aggravate an injury at work, or contract a disease for which work was the major contributor.

Cover

The Fund provides workers' compensation cover for inner-Budget agencies and other specifically covered entities (see Part B of Entities covered by the Fund). For clarity, this includes:
  • for injuries incurred:
    • whilst working interstate or overseas (for the relevant participant) where Tasmania is the 'State of connection' for the injured worker. For information and guidance on the 'State of connection' tests refer to the section on cross-border claims in A Guide to Workers Compensation and Rehabilitation in Tasmania issued by WorkCover Tasmania;
          Note: Participants with employees for whom the 'State of connection' is not Tasmania may need to take out separate workers' compensation cover. For advice contact either the DPP or the Fund Administration Agent, Jardine Lloyd Thompson Pty Ltd. The payment of such premiums is facilitated through JLT.
      • whilst the worker is on loan or has been hired out to another employer; or
      • from a motor vehicle accident whilst the worker was on authorised business;
    • workers participating on internal or external boards as part of their normal employment duties; and
    • volunteers deemed to be 'workers' of a participating entity by the Act, ie volunteers working in an emergency capacity, including fire fighting, fire prevention, ambulance services, police operations, and marine search and rescue operations.

    In addition, the equivalent of workers' compensation cover is provided for volunteers who are entitled to compensation under specific legislation, for example under section 86 of the National Parks and Reserves Management Act 2002 or section 71 of the Nature Conservation Act 2002.

    Cover is not provided for employees with respect to illnesses or injuries that are excluded by the Workers Rehabilitation and Compensation Act 1988. These include:

    • where an injury occurs on routine journeys between an employee's residence and workplace;
    • where an injury is intentionally self-inflicted;
    • where an injury results from an act of gross misconduct (unless the injury results in the worker's death, or serious or permanent incapacity);
    • for a disease or illness, of the mind, resulting from:
      • reasonable action taken by the employer in a reasonable manner regarding transfers, demotions, discipline, counselling or cessation of employment;
      • a decision of an employer, based on reasonable grounds, not to award or provide a promotion, transfer or benefit;
      • reasonable administrative action taken in a reasonable manner in connection with an employee's employment;
      • the failure of the employer to take action as above, if there are reasonable grounds not to do so; or
      • reasonable action taken by an employer under the Workers Rehabilitation and Compensation Act 1988, affecting an employee.

    Exclusions

    Workers' compensation cover is not provided in relation to:
    • external Board members (if a Board member is participating on the Board as part of his/her normal employment duties, then his/her substantive employer's workers' compensation should respond);
    • members of Parliament;
    • students involved in workplace learning; or
    • contractors (except as provided under section 4B of the Workers Rehabilitation and Compensation Act 1988).
    Contractors must obtain and maintain their own workers' compensation or personal accident cover (as applicable) for the duration of their contract with the Government and supply evidence of the same when requested. Jardine Lloyd Thompson Pty Ltd will provide advice on appropriate cover, if requested.

    Members of Parliament and students involved in workplace learning may, however, be eligible for personal accident cover in the event of an injury incurred whilst in service to the government. External board members may also be provided with personal accident cover if their employer's workers compensation does not provide cover and the Board to which they are attached has been approved as an agency related entity. See Personal Accident for further information.

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