FLINDERS UNIVERSITY Claims Management at Flinders University 1. Responsibilities Claims Manager Responsible for determining and administering claims in accordance with the requirements of Workers Compensation legislation and WorkCover SA Performance Standards for Self Insurers; providing information to injured staff members regarding their entitlements under Workers Compensation legislation, performance standards and procedures; advising the Rehabilitation and Return to Work Coordinator (R&RTW Coordinator) of any reported injury or illness which may require absence from work and/or workplace modifications; advising the Manager, OHS of any issues of concern. Rehabilitation and Return to Work Coordinator (R&RTW Coordinator) Responsible for notifying the Claims Manager as soon as the R&RTW Coordinator is aware of any workplace injury or illness that may result in a claim for compensation; providing relevant information to the Claims Manager; and liaising with the Manager, OHS, the Claims Manager and as required, the Director, Human Resources regarding progress with rehabilitation and/or return to work. 2. Making a Claim A staff member who sustains a work related injury or illness which results in medical treatment and/or time lost from work can make a claim for compensation by completing, and forwarding to the University R&RTW Coordinator, the following forms: Accident/Incident Report Form; and the relevant workers' compensation claim form for medical and associated costs. All claims for compensation must be accompanied by a Workers Compensation Medical Certificate. The R&RTW Coordinator will forward completed Claims Forms to the Claims Manager within two business days of receipt and all other relevant documentation as soon as practicable. The claimant will utilise sick leave or other accrued leave entitlements until the claim is determined. 3. Investigating a Claim The Claims Manager will investigate and make enquiries as required to assist in the determination of the claim. These may include taking a statement from the injured staff member and/or witnesses and any other relevant parties and/or obtaining medical reports or other investigations as deemed necessary by the Claims Manager. Any medical reports obtained by the Claims Manager must be forwarded to the injured staff member within seven business days. Copies of medical reports obtained are also forwarded to the R&RTW Coordinator. 4. Independent Medical Examinations The University may require the injured staff member to attend an independent examination by a medical practitioner to assess the nature and extent of the injury. A copy of the medical report must be sent to the staff member within seven business days and copies forwarded to the R&RTW Coordinator, and treating medical practitioner(s). Failure to attend a medical examination may cause a delay in the determination of a claim, and may provide a basis for claim rejection. 106743656 October 2009 Page 1 of 4 5. Claim Determination The Claims Manager is responsible for accepting or rejecting a claim or deciding to seek further information. All determinations will be made within ten business days of receipt of the claim, except where the Claims Manager notifies the injured staff member that further medical evidence and/or enquiries are required. 6. Accepted Claim Where the claim is accepted, the Claims Manager will advise the injured staff member in writing within two business days of the determination and of their rights and responsibilities. 7. Rejected Claim Where the Claims Manager proposes to reject a claim for compensation, the Claims Manager will advise the injured staff member and/or their representative of the decision and the reasons for the rejection in writing within two business days of the determination. 8. Deferred Claim Where a determination on a claim for compensation cannot be made within ten business days, the Claims Manager will contact the staff member and/or their representative and explain the reasons for the delay, and those actions that are required in order to make a determination. The Claims Manager will also provide this advice in writing to the staff member, including information on how to request an expedited decision. The staff member will be advised that medical and related costs will be held in abeyance until a determination is made. 9. Claims Disputes A staff member who is not satisfied with a decision in relation to a claim for compensation may apply to the Workers Compensation Tribunal (SA), the Accident Compensation Conciliation Service (ACCS) (Vic), or the Work Health Court (NT) for a review of the decision. The staff member is required to complete a Notice of Dispute and lodge this with the Workers Compensation Tribunal or relevant interstate authority within one month after receipt of the written determination. If the Claims Manager is aware that a staff member is dissatisfied with a decision on a determination, the Claims Manager will contact the staff member in an attempt to resolve the issue before commencement of formal proceedings. Once a Notice of Dispute is received by the Claims Manager, the Claims Manager must notify the University’s Reconsideration Officer. The Reconsideration Officer will review the claim and the basis of the disputed decision and determine to confirm or vary the decision. The Claims Manager will forward the re-determination to the Workers Compensation Tribunal or relevant interstate authority and the staff member and/or their representative within the required time frame as stipulated by the Workers Compensation Tribunal or relevant interstate authority. If the injured employee disputes the varied or confirmed decision, the dispute will then be heard at the Workers Compensation Tribunal or relevant interstate authority. The Claims Manager will participate in all conferences at the Workers Compensation Tribunal or relevant interstate authority and liaise with all parties to facilitate a resolution of the disputed decision. 10. Interim Payments 106743656 October 2009 Page 2 of 4 Where there is a delay in the determination of a claim, the injured staff member may apply to the Claims Manager for interim payments, which will be approved unless there are specific circumstances that indicate the claim may be rejected. Before seeking interim payments, the injured staff member should use any entitlements to sick leave or annual leave, pending determination of the claim. If the claim is ultimately accepted, such leave will be reinstated. If interim payments are sought, the staff member is required to sign an Application for Interim Payment(s) Form. The Claims Manager exercises the discretion whether to make Interim Payments. The Claims Manager must explain to the staff member that if the claim is rejected, the University is entitled to recover the amount of interim payments as a debt from the staff member 11. Payment of Medical and Other Expenses Where a claim for compensation is accepted, all reasonable and relevant medical expenses and all approved rehabilitation costs will be met by the University subject to limits imposed by regulation. Where an injured staff member incurs a compensable expense, the staff member will provide evidence to the satisfaction of the Claims Manager showing that such expense was reasonably incurred, and will provide expenses receipts or an account from the provider of the medical service. Injured staff members wishing to obtain treatment from people other than medical practitioners or other registered medical experts, must seek approval before starting the treatment. The University is not required to pay for such services, but may do so if approved by the Claims Manager. When surgery is proposed the injured staff member must seek approval from the Claims Manager prior to undertaking the treatment. Prior to agreeing to meet the cost, the Claims Manager may need to obtain a medical report from the treating specialist and/or independent specialist. A copy of the resulting report will be provided to the staff member within seven days of receipt. 12. Rejected Costs Where the Claims Manager decides not to meet an expense incurred, the Claims Manager will advise the staff member in writing including the details of the decision and the staff member’s right to dispute the decision and lodge a Notice of Dispute with the Workers Compensation Tribunal. 13. Confidentiality All information regarding injured staff members will be kept confidential and made available only as required to enable proper claims management 14. Contingency Arrangements In the event of key staff being unavailable, the Manager, OHS or Director Human Resources will make appropriate arrangements to ensure that continued effective claims management is practiced in accordance with these procedures. 15. Audits An audit of claim files will be conducted regularly to measure the performance of claims management in accordance with legislation and WorkCover Performance Standards for Self Insurers, these procedures and the Injury Management Action Plan. The outcomes of this audit will be reported to the Manager, OHS. 106743656 October 2009 Page 3 of 4 The Claims Manager will develop a Corrective Action Plan addressing any issues and/or non-compliance arising out of the Audit report. The Claims Manager will address and implement actions documented in the Corrective Action Plan and report on progress by the nominated dates. 16. Staff located in States other than South Australia Where University staff are based in University premises in other States, the following legislation applies: Victoria Accident Compensation Act 1985 Accident Compensation (WorkCover Insurance) Act 1993. Northern Territory Workers Rehabilitation and Compensation Act 2008 Workers Rehabilitation and Compensation Regulations 2008 Flinders University policies and procedures (which apply at all University premises regardless of location): Occupational Health, Safety and Welfare Policy Rehabilitation Procedures 17. Review This Manual will be reviewed regularly in the light of legislative and organisational changes, and in any case, every four years. 106743656 October 2009 Page 4 of 4