Australian Bushfires – Potential Risk to Damaged Properties

If your property has suffered damage please be aware of the potential risk which may be present.

As the bushfires continue to worsen across Australia, we wanted to reach out to let you know that we are available if/when assistance is required.

We are prepared to quickly respond to claims and any emergency assistance that will be required.

If you have been affected by the fires and require assistance, please contact your account manager or our office on (02) 9587 3500 or theteam@wsib.com.au.

In the meantime, if your property has suffered damage please be aware of the potential risk which may be present.

  • Be wary of structures that may contain asbestos. When disturbed by external forces, asbestos fibres can be easily spread. If in doubt as to whether a property contains asbestos it is best to seek advice from professionals such as a hygienist or asbestos experts. Please click here for additional information. 
  • Fire damaged structures may be unstable. This may not be immediately noticeable and may pose a risk to safety in the event of a collapse. Trees that have been impacted by fire also pose an additional threat of collapse so please be vigilant.
  • Appropriate PPE should always be worn. Air quality is extremely poor and can pose a serious threat to individual health.
  • Be mindful that fire impacted areas are often left without utilities such as power, water, phone and internet reception. Should travel to impacted areas be unavoidable, consider advising family members or friends of your intended plans and expected return dates.
  • The threat of fire remains ongoing and conditions may change rapidly and unexpectedly. With utilities down in impacted regions, emergency services warnings such as SMS or the Fires Near Me App may not be reliable or up to date. If you are in doubt it is best to steer clear and wait for formal confirmation from emergency services that the threat has cleared.
  • Impacted regions may be hindered by road closures, reduced visibility, reduced speed limits, traffic and other changes.
  • Should the need to travel to impacted regions be unavoidable bear in mind that supplies such as petrol, groceries and water may be in limited supply or unavailable at all.
  • Unfortunately, we have already seen cases of looting. A teenager has allegedly been charged with stealing a vehicle from a property in Batlow. Please ensure all property is locked and secured where possible.

This check list has kindly been provided by one of our key suppliers, AJ Grant Group.

Our thoughts are with those impacted by these bushfires.

The entire WSIB team, insurers and supplier are ready to assist when you need us.

SIRA announces Workers Compensation Review

SIRA announces Workers Compensation Review

The State Insurance Regulatory Authority (SIRA) has commissioned a thorough review of the current workers compensation scheme in NSW, primarily to review the performance of the nominal Insurer (icare) and its Agents (EML, Allianz & GIO).

As a leading and highly regarded Workers Compensation Broker, WSIB have been requested to participate in this review and provide a written submission to SIRA which shares our views, experiences and insights on the operation and management of the scheme. Our submission will include a review and opinion on matters such as trends in liability valuations, costs and decisions, premium setting and calculations, operational reforms and risk management, return to work rates, data quality, customer service and complaints.

As a valued client, who may have been affected, positively or negatively, by the introduction of the new scheme in 2015, we would like to extend to you the opportunity to participate in our submission by sharing your own views, experiences and insights. Please note that we encourage supporting evidence and specific examples where possible that relate to the matters referred above.

Please further note that SIRA is not seeking current and unresolved individual complaints regarding a policy or claim and as such matters of this nature should be referred directly to your WSIB Account Executive or to Tracy Sutton (National Workers Compensation Manager) at tracys@wsib.com.au

All submissions should be sent to us at WCClaims@wsib.com.au by no later than 7th June 2019.

Premium Updates for 2019-20

PREMIUM UPDATES FOR 2019-20

icare are currently in the process of implementing the changes that they have made to workers insurance premiums in NSW. These changes were only released this week.

We wanted to communicate this to you as quickly as possible as they will come into effect from 30/06/2019 and will impact on premiums and budgets for the 2019/20 policy year.

You will shortly receive an email from icare which will invite you to renew your policy. Prior to submitting wage declarations, it is vitally important that you contact our premiums team who will further detail the changes, analyse the impact, and accuracy, and will also be able to provide you with live projections and forecasts if required.

We will also continue to work closely with icare to ensure these changes will have as minimal impact on your business as possible.

Please see below an outline and explanation of the changes;

Employer Safety Incentive (ESI)

In considering the premium model for the 2019-20 policy year, icare have maintained an Employer Safety Incentive (ESI) with all employers, however they have reduced the discount to 7.5%. This is a reduction from the previous 10% Employer Safety Incentive that icare had previously offered in past renewals.

Changes to Return to Work Incentive

The claims RTWI is no longer applied to small employers’ claims, however they will still retain their Employer Safety Incentive.

Scheme Performance Measure (SPM)

Over the past 24 months icare has consolidated claims management from five scheme agents to predominantly one. The aligning of these claims has impacted the claims cost used to calculate experience-rated employer premiums. To make allowances the SPM has been increased to 4.3%. Increasing the SPM helps to reduce adverse premium impact resulting from the claims consolidation process.

Increase in Loss Prevention and Recovery (LPR) factors

There has been a change in LPR rates for the 2019-20 policy year. For LPR clients, details of the LPR rates are as follows:

Movement of Workers Compensation Industry Classifications (WICs) between Premium pools

Each year WIC rates are revised in line with an industry’s performance. However, the average premium rate for NSW remains unchanged at 1.4% of wages. WIC changes for 2019-20 are as follows:

234 WICs have had a decrease in WIC rate.

271 WICs have had an increase.

33 WICs remain unchanged.

We are obviously not able to list all changes here and encourage you to contact our premiums team as some clients will be adversely affected. We will not only discuss the changes with you, but work with you to minimise the impact where possible.

Late payment fee

The Late Payment Fee rate for 2019-20 has decreased from 0.808% to 0.794%, per month, compounded monthly.

For further information please contact our premiums team or your Account Executive.

Deadly Weapons Insurance.

 

Deadly Weapons Insurance.

Worldwide the occurrence of malicious attacks is on the rise. Recently a man yielding a knife threatened pedestrians in Sydney CBD after murdering a lady in a nearby hotel room and prior to this an assailant was arrested after wielding a chainsaw in a Melbourne Street. Have you ever considered if your place of business could be at threat of one of these attacks, or could your business be the location for one of these attacks?

Deadly Weapons insurance has been designed to provide protection to you in the event of a Deadly Weapon incident at your premises, this being, an incident involving an individual or group of people actively engaged in killing or attempting to kill people using a deadly weapon at one of your insured locations.

The policy provides three core pillars of coverage;

1.       Physical Damage including Business Interruption (Physical Damage to Insured location including demolition, clearance and memorialisation costs Gross Earnings, Ingress/Egress & Prevention of Access by Civil/Military Authorities, Loss of Attraction Extra Expense to resume operations)

2.       Crisis Management Services (pre and post event Crisis Risk Crisis Management Services including but not limited to: crisis response investigation, crisis management support, public relations, media management and site security. Including counselling Services and Funeral expenses)

3.       Third Party Liability & Defence Costs (Indemnification of monetary judgements awarded following legal liability imposed by a court of law due to the negligence of the Original Insured following a DWP event )

Cover can also extend to a wide variety of weapons, not just firearms i.e. smashed glass, explosive, knife, syringe, medical instrument.

With events of this nature being unfortunately on the rise across the world, this is becoming an increasingly important exposure to consider, as the potential threat to your organisation can be sizeable, i.e. property damage, lengthy forced closures, loss of attraction, resultant legal liability claims etc.

Please contact your Account Manager if you would like to know more about Deadly Weapons Insurance and how it can safeguard your premises against a malicious attack.

Are you Cyber Secure?

 

Are you Cyber Secure?

When was the last time you thought about the cyber security within your business? Or when did you last review your in-house mitigation policies and procedures? Have you got a cyber disaster response plan in place? What would you do if your entire IT infrastructure was compromised?

With the changes to Mandatory Data Breach Notification legislation in early 2018, and with more legislation and law amendments anticipated – there is no better time than now to assess the cyber security and mitigation procedures within your business.

WSIB’s Top Tips on Cyber Security;

1.       Regularly Back up Data

Back up data frequently and store your backups off site and off your network to mitigate the risk of these being infiltrated should your system suffer a cyber-attack.

2.       Update your Software and Install Anti-Virus Protection

Updates are often designed to strengthen cyber security so ensure these are done in a timely matter. Additionally, Anti-Virus Protection should be in place to guard against the ever-evolving threat from viruses.

3.       Segregation & Verification Procedures

Segregation procedures should be in place to ensure at least two people are involved with fund transfers, deposits, issuance of cheques, stock control, adding new vendors, or adding new employees. It is further recommended that verification procedures are carried out to authenticate requests to change supplier or customer bank account details, or where large payment requests are received via email, regardless of who they seem to have been received from.

4.       Cyber Incident Response plan

Develop a Cyber Incident Response Plan to ensure you can effectively and efficiently deal with an incident. Your Cyber Incident Response Plan should take into consideration the wide range of cyber exposures, from identifying what is a notifiable data breach to an entire system extortion threat.

5.       Cyber Insurance

Speak to your Account Broker about how Cyber Insurance can provide further protection to your business.

Contact your Account Manager should you wish to talk about your Business and Cyber Security further.

Caution with Hire Vehicles

 

Caution with Hire Vehicles – A precedential decision has been set.

A recent appeal from the NSW Local Magistrates Court to the NSW Supreme Court modifies how claims are assessed for drivers who hire vehicles after a car accident where they may seek recovery.

The Supreme Court ruling, cited as Nguyen v Cassim [2019] NSWSC 1130 considered the assessment of damages (amount recoverable) where a motor vehicle, damaged in a collision for which the owner was not at fault, is unavailable for use while repairs are effected and substitute vehicle is hired.  In essence two key questions arose:

  1. Where the damaged vehicle is a high value or “prestige”, is the expense of obtaining a replacement car of similar value or prestige recoverable, where a cheaper alternative would overcome the inconvenience arising from the temporary unavailability of the damaged vehicle?
  2. The second question only arises once it is accepted that the expense of obtaining a replacement vehicle of similar value or prestige is recoverable: is the whole of the rental charges billed by the accident hire company recoverable?

His Honour, Basten J, found that the magistrate findings were in error and set them aside, in that, with respect to the hire of a prestige vehicle at $17,158.02 plus interest, this sum was excessive!  Among other things, his Honour found that the needs would have been satisfied by the hire of a Toyota Corolla.  In place of the magistrate’s findings His Honour, ordered the appeal to his Court, Allowed and that the vehicle hirer (Cassim) pay the at fault party (Nguyen) the sum of $7,476, together with interest.

Access to the His Honour, Basten J, full judgement may be found by clicking here.

The take away from this lesson is whenever you are involved in a car accident and may need a hire vehicle, please contact your Account Manager or click below for Warren Saunders Accident Assist which is available 24/07 on 9587 3500.

PIAWE Regulation changes are here!

 

PIAWE Regulation Changes are here!

As you may have heard, the Workers Compensation Legislation Amendment Act 2018 has recently been passed through the NSW Government; and within this Legislation Amendment the Workers Compensation Amendment (Pre-Injury Average Weekly Earnings) Regulation 2019 was also published.

The PIAWE Regulation will change the way an injured workers pre-injury average weekly earnings (PIAWE) is calculated, and will come into effect for workers injured on or after Monday 21 October 2019. Many of the changes are quite technical in nature and will likely have little to no effect on the calculation of PIAWE for most claims.

We see the most significant change being an amendment to the 52 week drop down which will cease to exist for workers injured on or after 21/10/19. The 52 week drop down currently requires the insurer to exclude any shift or overtime benefits from the PIAWE; which often resulted in a reduction to the PIAWE and thus the top up benefit payable to an injured worker. As an example, a worker whose normal earnings were averaged to be $800 per week, who also had an average of $200 of shift and overtime earnings; would have a PIAWE calculation of $1000 for the first 52 weeks of benefits. This would then be reduced to $800 after 52 weeks of benefits were paid as a result of the $200 shift and overtime benefit being removed. For those workers who are injured on or after 21/10/2019; the $200 shift and overtime component will no longer be removed after 52 weeks of paid benefits; and therefore the PIAWE will remain at $1000 per week (subject to bi-annual indexation). Warren Saunders Insurance Brokers see this as an increased premium risk given wages paid on a claim are typically the greatest impacting cost on a client’s premium.

RELEVANT PERIOD CHANGES

  • Any worker who was not continuously employed for a full 52 weeks will only have their PIAWE calculated on the most recent earnings period. Previously, if a worker worked for say 20 weeks, had 10 weeks off and then worked for a further 22 weeks when they were injured; the relevant period would consider the 42 weeks of paid employment. The Amendment means the relevant period will now only consider the recent 22 weeks where the worker was working before injury and not consider any period of paid employment prior to the break in employment. This would be quite relevant to those who employ workers on a seasonal basis for example.
  • Any worker whose nature of employment arrangement changes which results in a material change to earnings will have prior periods excluded. For example if a worker goes from part time to full time, any part time earnings are excluded from calculation.
  • Any periods where the worker takes unpaid leave for 7 days or more will now be excluded from the relevant period by excluding each day of unpaid leave within the relevant period.

PIAWE AGREEMENTS

  • A PIAWE application can be made by either the worker or the employer within 5 days of the notification of an injury to the insurer. This application needs to be reviewed for approval by the insurer within 7 days unless a Reasonable Excuse applies.
  • The insurer also has the power to make payments on the basis of an agreed amount of PIAWE until the application for approval is determined (i.e. an interim payment decision). The PIAWE agreement is NOT a work capacity decision and therefore any PIAWE Work Cap Decision will overrule any PIAWE agreement
  • A PIAWE Work Capacity Decision cannot be made before a PIAWE agreement has been made.

As stated above, we do not foresee these changes will have a significant impact on the majority of claims lodged through the NSW icare scheme. Some of the changes seek to make wage benefits and reimbursements more simple, for example through the alignment of the “workers compensation week” and the payroll week / fortnight / month. The challenging components of the Amendments; such as the exclusion of certain periods (for those who have a split in employment or nature of employment changes) will likely only affect the insurer when they are required to make the initial PIAWE agreement or Work Capacity Decision and are not likely to result in a significant increase or decrease in the PIAWE calculation. The most significant change in removing the 52 week drop down will mean there is less of a financial motivation for a worker to increase capacity or return to pre-injury hours at that juncture. It will be important to focus on other motivations of the worker and claim stakeholders at that point in time to influence claims outcomes, as required on a case-by-case basis.

New Mobile Camera Detection Laws in NSW

New mobile camera dectection laws in nsw

New technology will see speed camera style technology used to detect illegal mobile phone use, as part of a huge crackdown on NSW roads from July 1, 2018.

The Road Transport Legislation Amendment (Road Safety) Act 2018 No 15 will provide the power for offences to be remotely monitored, alongside existing NSW Police infringements.

Drivers who are caught using a mobile phone while driving will receive a fine of $330 and will lose 4 demerit points. If drivers are caught using a mobile phone when driving in a school zone, the fine increases to $439. All mobile phone offences are also subject to double demerits penalties.

Once the camera detects that a person has been found to be using a phone whilst driving, the footage will be reviewed manually prior to an infringement notice being issued.

The revenue raised from the camera detection technology will be paid into the Community RoadSafety Fund, which allows community organisations to develop road safety projects in their local areas. Such projects include:

  • Driver mentoring assistance for disadvantaged youth;
  • Awareness campaign targeting driveway safety;
  • Road safety workshops targeting culturally and linguistically diverse communities; and
  • Road safety seminar series and newly arrived migrants.

It has been reported that during an initial test on Sydney’s Harbour Bridge, the new system detected 750 drivers in six hours. This is contrasted with NSW Police having issued less than 100 infringements per week using the current methods.

In justifying the new technology NSW Minister for Roads, Maritime and Freight, Melinda Pavey, reported that from 2012 to 2017 there were 184 crashes involving illegal mobile phone use and those crashes resulted in seven deaths and 105 injuries.

The new mobile phone laws will come into place on NSW roads from July 1, 2018.

Safework NSW – Are you at Risk?

safework nsw - are you at risk?

Safework are out in force inspecting Return to Work Programs -are you sure your return to work Programs complies with the new SIRA Guidelines? It is important that every business is aware of their WHS obligations.

RETURN TO WORK PROGRAM – ARE YOU COMPLIANT?

You may not be meeting your workers compensation obligations.

Check if you are a category 1 or category 2 employer.

Ask yourself:

  • Is your ‘If you get injured at work’ poster displayed prominently in the workplace?
  • Do you have a compliant customised Return to Work Program?
  • Do your workers understand the Return to Program and what to do following an injury?
  • Do you have a competent Return to Work Coordinator?
  • Do you keep and maintain a register of injuries?
  • If your injured worker is back at work, do they have a Return to Work plan? And a rehab provider (if needed)?
  • If your worker is not back at work, do you have an action plan consistent with the Recover@Work

STILL UNSURE TO ONE OR MORE OF THE ABOVE?

You need to contact SS&T now to discuss if you are meeting your WHS obligations.

Have you had a worker injury in the last couple of years? If so, chances are Safework may be stopping by to see you!

GET IT DONE

Are you confident you are meeting the minimum WHS requirements as an employer?

Get it done now to avoid potential notices and even fines!

We can do a Return to Work audit on your procedures for as little as $999 (exc GST)

Mark Bouris reveals traits of struggling firms

Mark Bouris reveals common traits of struggling firms

With his TV series The Mentor now wrapped up, multimillionaire businessman Mark Bouris has shared some insights into the factors shared by all of the struggling businesses he sought to turn around.

Mr Bouris revealed that The Mentor received 3,500 applications from businesses across Australia, in just two weeks. The purpose of the show, he said, was to scale the questions that everyone in business should be asking themselves, particularly when times get tough. Those questions include some of the following:

Is help really available?

“I guess the first part of all this is about letting [business] people know that there are people out there who want to help … the deal is you’ve got to find someone who suits you,” Mr Bouris said.

Having said that, Mr Bouris suggested “there was no such thing” as a mentor when he started out in business. Instead, he said he proactively sought to work with people who both inspired and challenged him.

“These days [mentorship] is more of a concept and it’s more of an acceptable practice,” he said.

“When I started out, you never asked for help from anybody for anything — especially men. You don’t say you have a weakness.

“Today, the world has evolved. It’s not a weakness, it’s just asking for someone to share something they have learned. We live in a sharing world now.”

What am I doing wrong?

According to Mr Bouris, the common issues he saw among the businesses he worked with on the show and others he has seen more widely, particularly among family businesses, result from a failure to act as businesspeople and implement business-minded ways of working. These problems, he said, include:

  • A lack of structure
  • A lack of business systems and processes
  • Not holding regular planning and strategy meetings
  • Failing to keep proper records
  • Being underinsured

The risk of such problems is miscommunication, a susceptibility to risks and an inability to raise funds from investors or lenders.

“I think people go into business because they think it’s a lifestyle that they’re going to achieve, or they were a good mechanic or a good skilled tradesperson [for example] and they just think that they’ll be good in business doing that. But there’s a difference between being a good plumber and being in the business of plumbing… they’re two different things.

“So that’s the issue: they don’t know the difference. It’s subtle, but massive [in its implications].”

Where is the line between seeking help and calling it quits?

When business leaders hit rock bottom, the gruelling choice arises of whether to implement drastic change to turnaround the business and its fortunes — usually with the help of additional funding — or to call it quits.

For Mr Bouris, this is a decision that is best made not by the business owners themselves, but in conjunction with an external view of the situation.

“I think you do need someone — a coach, a mentor, an adviser, whatever you want to call it — but you do need someone to give you an external view,” he said.

“I really do think it’s nearly impossible for someone — unless they’re bankrupt, that’s different — but if they’re struggling, you need to have another set of eyes on it.

“Because when you’re in a struggle, you’re working in it, not working on it: you’re just putting out bushfires all day long, and you need someone to come in who has got no emotion about it, hasn’t got their arse on the line and can actually give you a high quality, independent, distant view.”

However, such advice is designed not to give the answers to the problems, but to flag the questions the business owner should be asking of themselves and their business, Mr Bouris said.

“You’ll come to the conclusion yourself,” he said.

What is the best piece of advice a business owner can receive?

Mr Bouris doesn’t waste time when it comes to offering the most crucial piece of advice he has ever come across in business.

“Know what your business purpose is,” he said emphatically.

“If you’re baking bread, you’re not [just] baking bread: you’re baking, nurturing and nourishment. If you’re selling coffee, you’re not selling coffee: you’re selling warmth and comfort and whatever else is associated with drinking a cup of coffee first thing in the morning. If you’re selling mobile phones, you’re not selling a little black box: you’re selling people’s social life and their ability to connect with communities, which is fundamentally important for us. If you’re selling a home loan, you’re providing to people the ability to fulfil their hopes and dreams.

“So know the purpose of the business you’re in: what is the purpose that people are coming to you for, not what you think you’re providing — that is irrelevant. What is the basic fundamental emotion that you are satisfying?”

What lessons has Mr Bouris himself learned the hard way?

Given the advice he imparted on other business leaders, and having noted that “making mistakes are part of the experience. But the mistakes I made are part of my fabric, so I’m not sure I’d change them.”

Those key mistakes, Mr Bouris said, are ones that are no doubt familiar to virtually everyone starting out in business.

“Spending before I earn, and giving up day jobs and cash flow to chase your dream,” he said.

“You’ve got to try and match your spending with your earning if you’re in a new venture.”