External Guideline #14 Human resources for managing claims Version 6 1 April 2015 WorkSafe Victoria Human resources for managing claims Contents 1. Preface ................................................................................................................................ 3 2. Overview ............................................................................................................................. 3 3. Functions relevant for managing claims .......................................................................... 4 3.1 Primary claims management function ...........................................................................................4 3.2 Technical and legal function .............................................................................................................5 3.3 Injury management function .............................................................................................................6 3.4 Claims administration support function ........................................................................................7 4. Maintaining up to date claims management knowledge ................................................. 7 5. Sufficient employee resources for managing claims ...................................................... 8 6. Relevant competencies ..................................................................................................... 8 7. Additional notes ................................................................................................................. 9 8. Further information ............................................................................................................ 9 Page 2 of 10 WorkSafe Victoria Human resources for managing claims 1. Preface This guide has been developed to assist applicants for approval or for renewal of approval as a self-insurer in understanding what WorkSafe Victoria1 (WorkSafe) considers relevant when assessing an employer’s current or proposed human resources for managing claims2. The guide provides a framework for assessing the human resources that employers have in place for managing claims. However, WorkSafe does not consider this to be the only way that employers may demonstrate sufficient human resources for managing claims, rather it represents one avenue. Self-insurers have discretion to determine appropriate human resource arrangements for their organisation. Where an employer’s arrangements differ from the guide, these will be considered by WorkSafe on a case-by-case basis and in the context of claims management performance outcomes. This guide is intended for use in the following manner: by prospective, new or existing self-insurers to inform their human resource planning for managing claims as a reference in the assessment of applicants for approval, or for renewal of approval, as a self-insurer; and as a reference point to facilitate discussion between WorkSafe and a self-insurer should a concern with claims management performance arise. In addition to assessing the human resource arrangements in place, where available, performance-based indicators are also considered in assessing the adequacy of an applicant’s human resources for managing claims. 2. Overview Broadly, WorkSafe will assess whether an applicant for self-insurance is likely to have sufficient human resources with the range of knowledge and skills to ensure appropriate management of all claims administered or likely to be administered, and/or that they can access external specialist expertise as and when required. Where external expertise is engaged, the self-insurer maintains ultimate responsibility for the management of the claims. 1 2 ‘WorkSafe Victoria’ is a trading name of the Victorian WorkCover Authority. Subsection 379(4)(b) of the Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act) states that ‘in determining whether an employer is fit and proper to be a self-insurer, WorkSafe must have regard to – (…) the resources, including employees, that the employer has for the purpose of administering claims for compensation’. This includes claims management and return to work functions. Page 3 of 10 WorkSafe Victoria Human resources for managing claims 3. Functions relevant for managing claims To effectively manage claims, WorkSafe considers that the following four functions are important: primary claims management function technical and legal function injury management function; and claims administration support function. Depending on the employer, it may be that one individual performs all or some of these functions; that the functions are performed by separate individuals; and/or that the employer sources the necessary expertise externally. In submitting an application for approval, or for renewal of approval, as a self-insurer, supporting material submitted3 should show how these functions are addressed by the organisation. An explanation of each function is provided below. 3.1 Primary claims management function This involves responsibility and accountability for each claim in the portfolio and includes carrying out end-to-end management of all types of claims in accordance with the Workplace Injury Rehabilitation and Compensation Act 2013 (WIRC Act) and where applicable the Accident Compensation Act 1985 (ACA). This function would draw on additional expertise as and when required, but maintains ultimate responsibility for the effective management of the claims. Examples of the types of responsibilities this function would include are: 3 planning the approach for managing each claim and coordinating all activities determining initial liability and ongoing entitlement to compensation for each claim arranging independent medical examinations paying appropriate compensation to workers facilitating early injury recovery and successful return to work Please also refer to: the External Guideline #2 - Assessment of initial application for approval as a self-insurer or External Guideline #3 – Assessment of application for renewal of approval as a self-insurer which outline the information and indicators that WorkSafe will have regard to when an employer applies for approval or renewal of approval as a self-insurer; and the External Form #2 - Application for approval as a self-insurer and External Form #3 – Application for renewal of approval as a self-insurer which outline the supporting information that applicants need to submit. Page 4 of 10 WorkSafe Victoria Human resources for managing claims ongoing communication with the worker and other relevant parties establishing and reviewing case estimates for costs of claims undertaking regular reviews of claims accessing relevant injury management specialists / expertise, such as medical and return to work expertise managing providers (for example, private investigators, independent medical examiners) accessing relevant technical and legal expertise as and when required liaising with relevant experts in the management of impairment benefit claims; and managing dispute resolution activities, including attendance at conciliation when required. WorkSafe will look for appropriately skilled employees having responsibility for performing this function. For the primary claims management function this may be demonstrated via proven experience in a personal injury claims management role that demonstrates the ability to undertake end-to-end claims management. Whilst not mandatory, qualifications that may assist in demonstrating relevant skills and knowledge for this function include the Certificate IV in Financial Services (relevant units of competency) or equivalent. 3.2 Technical and legal function This relates specifically to ensuring that the technical and legal analysis necessary in claims management is available. Such analysis would be required in relation to, for example: compensation payments and the requirements of the WIRC Act and the ACA where applicable impairment benefits determination of liability and management of death claims dispute resolution legal case management identifying claims which would be considered scheme sensitive and related liaison with WorkSafe identifying claims that may lead to the commencement of legal proceedings; and Page 5 of 10 WorkSafe Victoria Human resources for managing claims identifying when to refer a matter for further legal advice. WorkSafe will look for appropriately skilled employees having responsibility for performing this function, and/or that this expertise is available as and when required. For the technical and legal function this may be demonstrated via proven experience in statutory personal injury field that demonstrates strong technical and legal knowledge, including knowledge of the WIRC Act. Whilst not mandatory, qualifications that may assist in demonstrating relevant skills and knowledge for this function include: Bachelor of Laws Degree (LLB); or Diploma of Financial Services (relevant units of competency) or equivalent. Where relevant, WorkSafe would consider information about the employer’s arrangements for accessing external legal expertise. 3.3 Injury management function The focus of this function is the injury management and occupational rehabilitation activities required during the life of a claim. Examples of the type of responsibilities this function would include are: provision of advice regarding treatment, rehabilitation and return-to-work deciding whether a medical specialist is needed for diagnosis, prognosis or other specialist advice managing health and rehabilitation providers liaising with external parties who influence the worker’s rehabilitation, fitness to return to work and future work duties; and determining what are reasonable medical and like costs as they relate to the workers’ claimed injury or injuries. WorkSafe will look for appropriately skilled employees having responsibility for performing this function, and/or that this expertise is available as and when required. For the injury management function this may be demonstrated via proven experience in workplace based rehabilitation. Alternatively this may be demonstrated via qualifications in a medical, health or related area4. 4 For example, diploma, degree or graduate diploma in medicine, health science, behavioural science, social work or rehabilitation counselling, or eligibility for registration as a Division 1 Nurse in accordance with requirements as established by the Nurses Board of Victoria. Page 6 of 10 WorkSafe Victoria Human resources for managing claims Whilst not mandatory, other qualifications that may assist in demonstrating relevant skills and knowledge for this function include the Diploma of Financial Services (relevant units of competency) or equivalent. In addition, WorkSafe would review evidence of the arrangements in place for: occupational rehabilitation providers return to work coordinators; and access to other relevant medical expertise as and when required. 3.4 Claims administration support function The focus of this function is administrative and data entry activities, such as payment and recording of invoices. This function may also assist in less complex claims management activities. WorkSafe will look for appropriately skilled employees having responsibility for performing this function. For the claims administration support function this may be demonstrated via experience gained in the role through workplace-based training and development. Whilst not mandatory, other qualifications that may assist in demonstrating relevant skills and knowledge for this function include Certificate III in Financial Services (relevant units of competency) or equivalent. 4. Maintaining up to date claims management knowledge To effectively perform the claims management functions identified, self-insurers will need to maintain up-to-date knowledge in relevant areas. In the supporting material provided by the applicant, for example, WorkSafe will look for training programs delivered or likely to be delivered and other relevant activities. Examples of training and development that would be considered in WorkSafe’s assessment of employees involved in managing claims include: induction and training programs conducted or planned by self-insurers for relevant personnel participation in legislative updates and briefings participation in Impairment Benefits training participation in Approved Return to Work Coordinator training; and other relevant development activities conducted or planned. Page 7 of 10 WorkSafe Victoria Human resources for managing claims 5. Sufficient employee resources for managing claims The number of claims being managed per claims officer or full time equivalent is taken into consideration when WorkSafe is assessing whether there are sufficient human resources for administering claims. This is undertaken on an individual basis as it needs to be considered in connection with many other relevant factors including the: types of claims that the self-insurer manages or is likely to manage nature and complexity of claims that the self-insurer manages or is likely to manage; and individual self-insurer’s claims administration arrangements (e.g., allocation of responsibilities; additional responsibilities held by employees administering claims). As a guide (not mandatory), for the more complex claims5, the role that has primary responsibility for managing claims (Case Manager) may manage a maximum of 80 active claims6 at any one time. It is important to note that in performing this role, the Case Manager is supported and can access resources and expertise as necessary. 6. Relevant competencies WorkSafe considers that certain competencies contribute to effective claims management. Whilst not directly applicable to self-insurers, the following competencies are used by WorkSafe’s Agents in the recruitment of, for example, Case Managers: communication and influencing techniques customer service and stakeholder management analysis, judgement and decision making professional and technical competency understanding and managing WorkSafe Scheme Objective planning and organising / time management; and cultural fit. A description of these competencies (as defined for WorkSafe‘s Agents) may be obtained by applicants for information. 5 6 More complex claims include for example, over excess claims with no full return to work; mental injury claims; death claims; hearing loss claims; claims where an impairment benefit application is received; claims for heart disease or cancer. Active claims are where: A weekly benefit payment has been made in the prior three months for time lost that occurred within 90 days of the payment date; A medical benefit payment has been made in the prior three months for a medical service provided within 90 days of the payment date; or Any payment has been made in the prior three months for any service (including common law, rehabilitation, investigation costs, etc) provided within 90 days of the payment date. Page 8 of 10 WorkSafe Victoria Human resources for managing claims 7. Additional notes Where a self-insurer has (or proposes to have) an appointed agent for the management of claims under section 392 of the WIRC Act, WorkSafe will also consider the agent’s resources for administering the self-insurer’s claims. This guide will also be relevant in these circumstances. Where such arrangements are in place, additional requirements exist regarding, for example, a statement of respective responsibilities of the proposed agent and the self-insurer. Such requirements are addressed separately in External Guideline & Form #4 - Application for a person to act as an agent of a self-insurer. In addition to the human resources required for managing claims, a self-insurer will need sufficient employee resources to perform other functions required of self-insurers, for example: Electronic Data Transfer Excess of Loss Certification TAC Arrangements Self-audits & Other Audits Licence Renewal Workplace Data Contribution WorkSafe Surveys Team Management Bank Guarantee Declaration of Wages Financial Management While necessary, such functions are not included in this guide as they are not direct claims management functions considered under subsection 379(4)(b) of the WIRC Act. 8. Further information Requests for further information relating to human resources for managing claims should be directed to: Manager - Self-insurance Operations Insurance Division WorkSafe Victoria 222 Exhibition Street Melbourne VIC 3000 Phone: 03 9641 1444 Freecall: 1800 136 089 Fax: 03 9641 1708 Email: self_insurance@worksafe.vic.gov.au Page 9 of 10 WorkSafe Victoria Page 10 of 10 WorkSafe Victoria