S6. Recoveries

Commencement date: 21 October 2019

Enabling insurers to recover funds from third parties who share a proportion of the liability for an injury helps to ensure the sustainability of the workers compensation system.

Principle

Claims will be screened early to determine whether any third-party recoveries are to be pursued.

ExpectationsBenchmarks

S6.1

Insurers are to screen all new claims for potential recoveries and make a record of the investigation undertaken to determine whether recoveries are relevant and the outcome of the investigation.

Initial screening to occur within 15 working days of receipt of a new claim

In certain circumstances, workers compensation insurers will be able to recover from other insurers or persons (third parties) who share a proportion of liability for an injury.

Enabling insurers to recover funds from third parties who share a proportion of the liability for an injury helps to ensure the sustainability of the workers compensation system.

Early identification and effective management of third party recoveries helps ensure the sustainability of the NSW workers compensation system. Insurers may also consider informing the worker or worker’s representatives of the potential right to claim damages from a third party.

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