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Workers compensation system

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Workers return to work rate at 4 weeks

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Payments made during the month

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Premiums collected annually

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of reported NSW wages goes to premiums

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Claims reported for {{ reportDate }}

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expenditure paid to and for workers {{ reportPrevFY }}

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State Insurance Regulatory Authority (SIRA) is responsible for regulating the NSW workers compensation system and is committed to providing timely reporting on the performance of the NSW workers compensation system.

SIRA works closely with insurers to ensure the quality of data reported. Workers compensation insurers in NSW are required to provide a monthly set of all workers compensation claims data that had activity in the previous month. The majority of insurers provide their data within the required time frames, with only a small number of insurers requiring follow up for outstanding data.

The data we have follows the journey and development of a workers claim. As such sometimes the data experiences some delays in other cases there is a development period.

Each month SIRA will make historical adjustments to the open data when additional information becomes available. This can occur when an insurer provides their data after the monthly due date or when previously reported data is subsequently changed. Generally these do not have a material effect on the open data.

The NSW workers compensation system is the largest defined benefit system in Australia. The workers compensation system in NSW compensates workers who have suffered work-related injury/disease.

Compensation may include:

  • Weekly compensation benefits and payments
  • Medical and hospital expenses
  • Therapies to assist return to work and recovery (for example physiotherapy or rehabilitation services)
  • Personal items (for example clothing or spectacles damaged in a work related accident)

The system includes the following insurer types:

  • Nominal insurer: a statutory insurer responsible for the Workers Compensation Insurance Fund managed by icare NSW
  • Specialised insurers: 6 industry specific insurers
  • Self insurers: there are currently 59 large employers licensed to self insure
  • Government self insurers (TMF): Treasury Managed Fund is administered by the NSW Self Insurance Corporation under icare NSW.

SIRA developed a system performance framework based on the objectives of the legislation:

  • Effectiveness: Effective in delivering system outcomes.
  • Efficiency: Delivered as efficiently as they can be.
  • Viability: Sustainable and viable for generations to come.
  • Affordability: Affordable for the community.
  • Customer experience: Provide positive customer experiences.
  • Equity: Equitable and perceived as fair.

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jobs are covered

This is a figure that represents job covered under policies in the NSW Workers Compensation System. (Please note a worker may hold more than one job)

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employers are covered

This number is an annual figure that represents customers (employers) who are safeguarded by the NSW Workers Compensation System.

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workers supported with weekly benefits

This annual figure represents the number of workers who received weekly benefits as a result of a workers compensation claim during the last Financial Year

System effectiveness

Is the system effective in safe guarding workers,getting workers back to work and wellness?

Return to work rates

The return to work (RTW) rate is the percentage of workers who have been off work as a result of their work related injury/disease and have returned to work in any capacity at 4 weeks, 13 weeks, 26 weeks,52 weeks and 104 week from the date of injury.

The cohort for each RTW measure for each reporting month is based on claims with injuries occurring in a 12 month period, with a lag period corresponding to the measure timeframe, to allow for claim development. This ensures that the newest claims to reach maturity for that particular measure are included in the relevant reporting month.

The RTW rates published do not include Coal Mines Insurance (CMI) data. CMI is currently building a new IT platform which is intended to provide SIRA data in line with the broader data requirements of insurers which SIRA licenses (Workers Compensation Insurer Data Reporting Requirements).

Note due to remediation of reported data relating to COVID claims, RTW results using data from January 2023 onwards have significantly increased. This is due to a high number of short-term time loss claims being added to the metric. SIRA will be monitoring the data closely to ensure the results published are an accurate reflection of RTW rates.

Reportable Claims

A reportable claim for workers compensation or work injury damages that a person has made or is entitled to make under the Workplace Injury Management and Workers Compensation Act 1998. The injury or illness may be physical or psychological, but employment must be a substantial contributing factor to injury for compensation to be payable. Please note, this data was correct at the time in which it was extracted, however may change due to the progression of claims liability and data quality reviews.

For more information see Glossary.

Bodily location of injury

SIRA requires that all claims are classified in accordance with the Type Of Occurrence Classification System version 3.1.

This classification system allows claims to be classified in accordance with the type of injury/disease, bodily location of injury as well as incident details.

The bodily location of injury/disease identifies the part of the body affected by the most serious injury or disease.

Psychological injury claims are where the primary injury is psychological. For example, these conditions may include post-traumatic stress disorder, anxiety/stress disorder, clinical depression and short term shock from exposure to disturbing circumstances.

System efficiency

Is the delivery of the system as efficient as it can be?

Claims payment trend

The financial and cost information in this report is presented in original dollar values with no indexation applied. Costs in the workers compensation system are subject to a variety of potential inflationary factors including wage and salary rates, medical fee schedules, statutory benefit indexation and general price inflation. As there is no single index which adjusts for all potential factors, costs have been shown in their original dollar values for simplicity.

There are a number of areas where SIRA is actively working on the methodologies for the metrics reported and the data provided from a number of sources including insurers. SIRAs goal is to improve the data and evidence to monitor the system.

System viability

Is the system sustainable and viable for generations to come?

Claims by payment type

Weekly payments: Weekly payments paid to an injured worker.

Medical payments: Payments for ambulance services, medical treatment, hospital treatment, physiotherapy treatment and chiropractic treatment.

Common Law (WID) payments: Lump sum payments for damages and common law legal expenses incurred by the worker or agent/insurer, pursuant to Part 5 Common Law remedies, Sections 149 to 151AD, Workers Compensation Act 1987 and Section 318H, Workplace Injury Management and Workers Compensation Act 1998.

See Glossary for other terms.

System Affordability

A measure of affordability of the system is the cost of premiums for workers compensation as a percentage of the reported NSW wages bill. Premiums as a percentage of the NSW payroll continued to decrease for 2018/19 to less than 1.4%. There was however some variation in these reductions across industries.

Affordability of insurance as a percentage of NSW wages for {{ reportPrevFY }}

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*A reflection of the cost of premiums for workers compensation as a percentage of the reported NSW wages bill.

System customer experience

What is the NSW customers experience with their workers compensation system?

The number of customer enquiries and complaints, and the number who seek a review of an aspect of their claim offer some insight into a customer’s satisfaction with component parts of the system. The interactions workers and employers have with other participants in the system are an important indication of a customer’s experience with the system. Workers in the compensation system are more likely to be satisfied with their general practitioner compared with the national data, however less satisfied with their interactions with insurers and claim managers. (Safe Work Australia 2018 Return to Work Survey)

To support the customers’ experience there are a number of services available within the workers compensation system. These services support system participants, primarily workers and employers with enquiries, complaints and disputes. These services may vary in purpose and process. For example, some form part of a legal process while others seek to review decisions about an aspect of the workers compensation system. They all aim to provide a positive experience for customers.

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Enquiries received by SIRA in Report Date

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Complaints received by SIRA in Report Date (L1 and L2)

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Active claims to SIRA as at Report Date

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% of active claims lodged a dispute as at 2021

System equity

Is the system equitable and perceived as fair?

A key measure is that the benefits or payments going to workers and the payments made on their behalf which contribute towards their recovery remain high relative to total costs.

Claim payments are generally made up of expenditure related to following categories:

  1. Benefits paid directly to workers (e.g. weekly payments, common law and S66, death benefits and commutations).
  2. Benefits paid for services for workers’ recovery and RTW (e.g. medical costs, allied health services, rehabilitation payments to support of claimants).
  3. Claim administration expenses including investigations and legal fees.

What is the proportion of benefits paid directly to workers?

Included in each category
Direct to worker
  • Death Payments
  • Claim reimbursements
  • Lump sum compensation
  • Weekly Payments

Indirect to worker
  • Rehabilitation costs
  • Medical treatment

Expenses
  • Total Investigation
  • Total Legal

The benefits paid to and for workers is calculated annually. Insurers reported this data to SIRA at the end of the 2022/23 Financial year.

NSW workers compensation insurer scorecard

Insurance scorecard

Data as at March 2024

SIRA has developed an insurer scorecard which is intended to provide stakeholders and customers with regular and timely information on the performance of insurer types within the workers compensation system.

Performance measures included in the scorecard are as follows.

Share of active claims: an active claim is a claim that has had any payment in the last three months. Measuring this enables SIRA to monitor and benchmark how claims are being managed by each insurer. This measure looks at the percentage of all the active claims of an insurer.

Injury notifications actioned within 7 days: insurers are required to process claims and determine liability within prescribed timeframes. The timeliness of insurers’ decisions is both a key legislative component and an important aspect for workers. This measure looks at the percentage of claims whereby the insurer has made a liability decision within 7 days of notifying the insurer.

Percentage of level 1 complaints to active claims: a level 1 complaint is defined as a complaint received where an insurer is notified by the Customer Advisory Service on behalf of the complainant. This measure looks at the percentage of level 1 complaints an insurer receives as a percentage of total active claims for that insurer.

Percentage of level 2 complaints resolved within 20 business days: a level 2 complaint is an escalation of an unresolved level 1 complaint. This measure looks at the percentage of level 2 complaints an insurer resolves within 20 days of notification from Customer Care.

Return to work rates: the return to work rate is the percentage of workers who have been off work as a result of their employment related injury/disease and have returned to work at different points in time from the date of injury (i.e. 4, 13 and 26 weeks).

% share of premium paid FY % share of total claims FY % share of total payments made % share of total active claims % of injury notifications actioned within 7 days % of Level 1 complaints to active claims % Level 2 complaints resolved within 20 business days RTW rate
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RTW rate
13 weeks
RTW rate
26 weeks
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Government self insurers TBC TBC TBC TBC TBC TBC TBC TBC TBC TBC
Specialised insurers TBC TBC TBC TBC TBC TBC TBC TBC TBC TBC
Self insurers TBC TBC TBC TBC TBC TBC TBC TBC TBC TBC

The State Insurance Regulation Authority NSW (SIRA) is committed to producing data that is accurate, complete and useful. Notwithstanding its commitment to data quality, please note:

  • The data is not generated or authored by SIRA, but provided to SIRA from insurers participating in the workers compensation scheme.
  • Although SIRA endeavours to ensure data integrity, it cannot confirm the accuracy of the data provided.
  • This data was correct at the time in which it was extracted, however may change due to the progression of claims liability and data quality reviews
  • There are several areas where SIRA is actively working on the methodologies and data sets with a view to improving the measures and the capability to monitor the system.
  • No warranty is given as to the fitness of the data for a particular purpose.
  • SIRA is not liable for any loss or damage arising from or in connection with the use of any of the data

Updated 16 December 2024