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1.3 Recoveries


1.3.1 Recovery roles | 1.3.2 TAC recoveries | 1.3.3 Negligent third parties | 1.3.4 Payments made in error | 1.3.5 Calculate GST recovery amounts


In certain circumstances, WorkSafe can:

  • recover monies for claims costs paid
  • ensure that other negligent parties contribute to the costs of WorkSafe claims.

WorkSafe is committed to ensuring Agents provide timely and efficient identification, investigation and referral processes for TAC and negligent third party recovery claims.

Types of recoveries

Recoveries can be claimed under the legislation from:

  • the TAC, in accidents:
    • directly caused by the driving of a motor vehicle, tram or train or arising from the use of a motor vehicle, tram or train

    In dual insurance cases with motor vehicle/tram/train/other vehicle involvement, where the liability is usually split 50/50 between the TAC and WorkSafe

  • negligent third parties in workplace accidents
  • self-insurers, for contribution to the worker's injury subject to the period of self-insurer/WorkSafe policy coverage and terms of entry/exit from the scheme.

Compensation under the legislation is not payable for an injury to the extent that compensation has been received in respect of the same injury under the laws of a place other than this State (whether within or outside Australia).


When conducting recoveries, Agents must:

  • practice appropriate conduct for recovery claims arising from the death of a worker, including when obtaining information from dependants
  • adhere to the requirements of the Information Privacy Act 2000 and legislation that governs the use of personal and health information that they hold
  • avoid potential conflict of interest between the investigation of a claim and the occupation health and safety investigations that can lead to prosecution.

See: Access to Information & Privacy | Death claims | Investigations & Compliance

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1.3.1 Recovery roles

Recoveries are identified and managed by the following parties:

Recovery type Identified by Managed by

Overpayment

Agent

Agent

Negligent third parties

Agent / Panel firm / WorkSafe

WorkSafe

Prior insurer contribution injury

WorkSafe

WorkSafe
Dual insurance

Agent / Panel firm / WorkSafe

WorkSafe (damages)
Motor vehicle accidents Agent / WorkSafe WorkSafe
Compensation paid twice

Agent / Panel firm / WorkSafe

WorkSafe

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