Do I need a workers’ comp policy?

• Introduction
• What else do I need ?

Introduction

It is compulsory for all employers in the ACT to have a current ACT workers compensation policy in place with an Approved Insurer (see our Guidance Note - Workers Compensation - Approved Insurers).  

Employers with the resources to fund any workers compensation liability imposed on them may apply to be a self-insurer. 

Under the Act an employer is liable for any compensation payable to a worker suffering any work-related injury or disease.  

Where an employer has a current workers compensation policy, the insurer indemnifies the employer for costs of the claim. 

Under the Workers Compensation Act 1951 (the Act), workers can include: 

• people who work under a “contract of service” (employees) and who work on a full-time, part-time or casual basis;
• company directors who work under a “contract for service” with that company. (Many working directors of small private companies fall into this category);
• people who work under a “contract for service”, who perform work for a principal contractor, and are required to perform part or all of the work, and who work on a regular and systematic basis.  This may include some contractors (section 11 of the Act) and sub-contractors (section 13 of the Act);
• volunteers (section 18 of the Act) who perform work that is for (or incidental to) an enterprise, trade or business carried on by someone else, and receive no payment for the work (apart from any payment for expenses);
• Religious workers (section 17 of the Act) who request to be covered. 

What else do I need ? 

An Information Summary, as defined under section 178 of the Act, of the employer’s and the worker’s obligations, must be displayed in the workplace where it is conveniently available and can be read by all workers (see our Guidance Note – Workers Compensation – Information summary). 

A Register of Injuries must be kept by the employer in a location where it is readily accessible to workers. It records every injury that occurs in the workplace, regardless of whether or not a claim is made. Notification of an injury must be as soon as practicable. (see our Guidance Note – Workers Compensation – Register of Injuries and Early Notification). 

A Return to Work Program must be established by the Employer in conjunction with the workers, an approved rehabilitation provider and the industrial union where applicable.  This program should be displayed at each workplace. (see our Guidance Note – Workers Compensation – Injury Management Processes).

Our Guidance Note – Workers Compensation – Employer Obligations also provides useful information.