Personal Accident - Reporting an Incident and Managing a Claim

​​​​1. Immediate action required at the time of an incident
2. Reporting an incident
3. Managing a claim

Step Action Timing Actions
1. Formal notice of injuryAs soon as practicable after incurring the injury (and preferably on the same day)
  • An injured person should report the injury to his/her agency supervisor, or someone else in authority, either verbally or in writing (using the agency's incident/accident report form, if provided).
    • The information provided in the report should include:
      • the name and address of the person injured;
      • the nature and cause of the injury;
      • the date and time it was incurred; and
      • the name and contact details of any witnesses, where applicable.
    • Agencies should keep a record of all injuries incurred in the workplace.
      • Agencies and their employees must not admit liability, either verbally or in writing.
      2. Reporting an incidentAs soon as practicable after the injury was incurred (and preferably within 24 hours of the incident)

      The Claims/Incidents Report Form must be completed, signed and emailed to the Fund Administration Agent, JLT Public Sector​ (JLT) at as soon as possible after the agency becoming aware of the incident, togethe​r with any medical certificates relating to the incident and/or written evidence of out-of-pocket expenses/disbursements incurred as a result of the incident, if possible (or as soon as this information is provided to the agency).

        Note: All personal injury incidents should be reported to JLT, even if, in the agency's assessment, they are not likely to result in a claim or the claim is likely to be very small - occasionally seemingly minor incidents can evolve into significant claims.

        Important: If a Writ or legal demand of any kind is received by an agency, it must be forwarded to the Office of the Solicitor-General, with a copy sent to the FAA, as soon as possible to allow the Office of the Solicitor-General to provide advice to an agency and lodge a Defence where necessary. The FAA will allocate a claim number and provide it to the Office of the Solicitor-General. The Office of the Solicitor-General and the FAA must also be advised of details of any impending inquests or official enquiries.

        ​Agencies may have additional internal reporting requirements. These should be followed in accordance with agency guidelines.

        3. Managing a claimOngoing

        ​​​Fund Administration Agent
        • ​Upon receipt of a claim, the FAA will allocate a unique claim number to the claim and register it on its claims administration database.  This number should be referenced in all contacts with the FAA and the Office of the Solicitor-General.​
        • JLT is responsible for administering all claims in accordance with written instructions provided by agencies and, where applicable, the Office of the Solicitor-General. This includes:
          • providing ongoing claims management (not legal) advice and assistance to agencies;
          • forwarding agency instructions to the Office of the Solicitor-General where applicable, and liaising between the Office of the Solicitor-General and agencies;
          • regularly providing agencies with reports on the progress of, and actual and outstanding costs associated with, each claim;
          • where required, negotiating settlements with third parties with regard to small claims (ie claims up to $5 000);
          • where appropriate, ensuring that a Deed of Release is prepared by the Office of the Solicitor-General and signed by the claimant to prevent further action arising from the same incident.  The FAA is under instruction not to release a settlement cheque without a signed Deed of Release; and
          • paying claim costs and settlements.

        ​It is important that all claims are registered by the FAA to ensure that the Crown's contingent liability is not underestimated.

        Office of the Solicitor-General

        The office of the Solicitor-General is exclusively responsible for providing legal advice on claims.

        The Office of the Solicitor-General must be involved in all negotiations, settlements, or court appearances regarding large or complex claims and any claims concerning personal injury (excluding those personal injury claims made by approved agency volunteers where the amount of the claim does not, or is not likely to, exceed $10 000).

        Large and/or complex claims include all claims EXCEPT FOR claims that meet ALL the following criteria:

        • ​the amount claimed is less than $10 000 (including legal costs arising from the one event or connected series of events; and
        • the State’s legal liability is clear; and
        • there is unlikely to be any suggestion in future that settlement constitutes a precedent for other claims.

        The Office of the Solicitor-General must also be advised whenever a legal demand is received by an agency (refer above).

        The Office of the Solicitor-General will arange for external legal asistance, in consultation with the agency, if it determines that it is required.

        Agencies are ultimately responsible for the management of claims and must instruct JLT in writing and, where appropriate (refer above) the Office of the Solictor-General, regarding the management of those claims.

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