1.3 Recoveries

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 Means there is a direct or close relationship of cause and effect, even if not the sole cause. There does not have to be collision or direct contact with the vehicle to cause injury. However, an injured claimant must have sufficient connection between the injury, the incident and the driving to prove that the driving directly caused the injury and the incident. 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).

AC s138

WIRC s369

AC s137

WIRC s367

AC s84B

WIRC s48

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

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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