Under the Workers Compensation and Injury Management Act 1981 (The Act) all employers are required to take out a policy to cover all employees including the following:
- apprentices
- sub contractors
- family members
- working directors.
For further information, see the WorkCover WA website.
All employees are covered by a workers' compensation policy and are entitled to compensation for any injury that occurs in the course of their employment (where their employment is deemed to be a significant contributing factor).
If you are a sole proprietor or a member of a partnership, you are not a worker of your own business and therefore you cannot take out a Workers' Compensation policy for yourself.
When taking out a policy, you will need to submit a proposal form declaring estimated wages for the period of the policy (usually twelve months) and pay the deposit premium based on the estimate. The premium is adjusted at the end of the period based on actual wages. For further information see the employer information pack and employers indemnity policy.
Recommended premium rates are set and reviewed (usually on 30 June each year) by WorkCover WA. Insurers may load these rates by no more than 75% of the recommended rate unless permitted by WorkCover WA. The rates are published in a special government gazette available from the State Law Publisher.
If one of your workers has a work related injury or industrial disease and you are uninsured, you will be liable for the cost of that claim. You may also be liable for the cost of any damages awarded by a court. In addition, WorkCover WA may prosecute any uninsured employer, with fines payable of up to $5,000 in respect of each worker employed and impose penalties equal to the total of any insurance premiums avoided during the 5 years before the conviction. For further information see the
WorkCover WA website.
Under the terms of the policy we issue, you have certain policy and claims responsibilities to fulfil. It is important that you take the time to read your policy document so that you are aware of these obligations.
The major obligations you have are to: