2.6.5 Object to acceptance of liability
An employer can request WorkSafe to review a decision to accept a claim in specific circumstances.
An employer can lodge an objection to a decision to accept a claim for compensation if the claim was accepted by the Agent on or after 1 July 2010 and the employer believes either of the following grounds exist:
- the alleged worker is not a worker within the meaning of the legislation
- the claimed employer was not the correct employer of the worker at the time of the injury or death.
While an objection is being assessed by WorkSafe the worker’s and employer’s rights and obligations continue on the basis of the accepted claim. Payments are not suspended and RTW Return to Work obligations for both the worker and employer continue.
The Agent must continue to manage the worker’s claim and ensure that the objecting employer is also made aware of its ongoing responsibilities.
If WorkSafe determines that the objection is lacking information or requires clarification from the employer, WorkSafe may request further information from the employer and, if needed, suspend the review pending the receipt of the additional information from the employer. If the employer fails to provide the additional information by the specified date, the objection will be deemed to have been withdrawn.
The employer may continue to seek review of the original objection if all of the additional information is provided to WorkSafe within 28 days from the date that the objection was deemed to be withdrawn.
After reviewing an objection, WorkSafe will write to the claimed employer and Agent and either:
- confirm the Agent’s decision to accept the claim for compensation against the claimed employer
- set aside the Agent’s decision to accept the claim for compensation against the claimed employer.
WorkSafe will provide the parties with a formal written determination with detailed reasons supporting its decision to either confirm or set aside the Agent decision.
If the outcome of the objection results in WorkSafe confirming the Agent’s decision to accept the claim for compensation then the worker continues to receive entitlements in accordance with the legislation.
WorkSafe may decline to conduct a review if:
- the objection is in respect of a decision that has already been reviewed by WorkSafe and the employer:
- has been provided with WorkSafe’s written reasons following that review
- has not provided WorkSafe with any new information
- WorkSafe considers that the objection is misconceived or lacking in substance.
If WorkSafe declines to conduct a review, WorkSafe must notify the employer in writing within 28 days of receiving the objection.
Employer’s right of appeal to Supreme Court
The claimed employer has a right to appeal to the Supreme Court if:
- they are dissatisfied with WorkSafe’s decision
- WorkSafe declines to conduct a review of the objection
within 60 days of receiving WorkSafe’s decision or decline notice or the deemed acceptance of the liability of a claim.
If WorkSafe overturns the Agent’s decision, the decision to accept the worker’s claim for compensation is set aside.
The Agent does not seek recovery from the worker of any amounts paid to the worker.
Worker not a worker under the legislation
If the decision is that the worker is not a worker under the legislation, the worker and employer are given 28 days notice by the Agent of when the entitlement to all compensation payments under the legislation including weekly payments and medical and like expenses will cease. The employer is not required to meet the RTW obligations from the date of the decision.
Worker not a worker of that employer
If the decision is that the worker is not a worker of that employer, the worker and employer are given 28 days notice by the Agent of when the entitlement to all compensation payments under the legislation including weekly payments and medical and like expenses will cease. The employer is not required to meet the RTW obligations from the date of the decision.
Worker can serve new claim
If the decision is that the worker is not a worker of that employer, the worker can give, serve or lodge a new Worker’s Injury Claim Form on the correct employer and that claim will be assessed by that employer’s Agent in accordance with the legislation.
A claim cannot automatically be transferred to a new employer either by WorkSafe or an Agent.
Worker’s right to appeal decision to WIC
If the decision to accept the worker’s decision is set aside on the grounds that the worker is not a worker or not a worker of that employer, the worker can appeal that decision to the WIC Workplace Injury Commission as if the Agent had rejected the worker’s claim.
Process to lodge an objection
Follow these steps to lodge an objection to acceptance of liability for a claim.
| Who | Action |
|---|---|
| Employer |
The employer can lodge an objection within 60 days of receiving the notice to accept the claim. The objection must be lodged in writing using the approved form and:
The employer must send the objection to premium_review@worksafe.vic.gov.au or via mail to: Manager - Premium Review
|
| Agent | If the objection is received by the Agent, the Agent must send the objection to WorkSafe within five working days |
| WorkSafe |
WorkSafe writes to the employer, worker and Agent acknowledging that an objection has been received, within 10 days of receipt of the objection. WorkSafe must provide its decision within 90 days of receiving the objection unless WorkSafe has provided the claimed employer with written notice extending the period. Failure by WorkSafe to notify the employer of a decision within 90 days and to advise the employer of an extended period will result in deemed confirmation of the Agent’s acceptance of the liability of the claim. WorkSafe will notify the employer, worker and Agent of the outcome of the review. |
| Agent |
If notified by WorkSafe that the employer’s objection has been upheld, the Agent reviews the worker’s claim for compensation for the purpose of terminating all entitlements to weekly payments and/or medical and like expenses. Note: The Agent’s decision letter must include the standard review paragraphs as the ‘worker’ may refer the decision to reject their claim for entitlements to the WIC for review. |