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Q. When do I need to have a workers compensation policy with Coal Mines Insurance?
Section 31 of the Coal Industry Act 2001 requires any employer in the NSW Coal industry to have in force a workers compensation policy with CMI for their employees within the industry. 
Businesses requiring workers’ compensation insurance with CMI would include underground and open cut mines, mining engineers and surveyors, labour hire companies with employees in the coal mining industries, coal preparation plants, specialised mining contractors, coal loaders and industries substantially concerned with the removal of coal from the pit and its transport. CMI does not provide cover for employers involved with the subsequent treatment of coal, whether turning it into some other commodity or product, or otherwise.

Q. How can I minimise my premium?
Experience has proven that sound OH&S (Injury prevention) and injury management systems and processes supported by effective return to work plans not only assist with meeting legislative requirements but also go directly to lowering both the cost of claims and frequency of claims. As CMI’s premium is based on your claims experience, the reduction in claims costs will ultimately result in a lower premium for proactive employers.

Q. How can I reduce my premium in future years?
By actively managing the incidence and severity of claims, developing sound OH&S procedures and providing suitable duties for injured employees, a significant reduction in claims costs could be achieved which will result in reduced premiums for proactive employers.

Q. What information on my claims costs is available to me and how do I obtain it?
Claims reports relating to your policy are available on the Online Services/Claims Reporting section of this website. A User ID and password is required in order to login and view all of your claims. The site has a high level of security and no other employer is able to access your details. We recommend that you view your claim reports at least quarterly to ensure that the claims information lodged against your policy is correct.
CMI also provide claims review meetings to discuss individual claims and injury management strategies.

Q. What amount is to be declared as assessable wages for premium calculation purposes?
The amounts to be declared are detailed in full in the wages definition section of this website. If you require any further clarification please call the CMI Helpline on (02) 8270 3200.

Q. When is a contractor deemed to be a worker?
A contractor may be deemed to be a worker employed by the person or company who made the contract with the contractor when:

  • The contractor does not employ workers - The contractor does not sub-let part or all of the contracted work - The work is not part of a business or trade regularly carried out by the contractor in his/her own name or under a business name

In this situation the owner of the business or principal of the business who engages the contractor has a similar level of control over the contractor as that over a direct employee. The owner or business principal should take out workers compensation cover in these circumstances.

Important points to note:

  • A person may be a contractor but still be a worker for the purpose of workers compensation
  • The status of a person for tax purposes bears no direct relationship to that person’s status as a worker for workers compensation purposes.

Q. When can you claim workers’ compensation?
Workers compensation benefits are payable when a worker has an injury or contracts a disease which arises out of or in the course of their employment, which gives rise to either time lost and/or medical treatment being required. Workers compensation benefits are also payable for injuries received on a normal journey to or from work (without significant interruption or diversion) or during an authorised recess, providing the worker did not expose themselves to any abnormal risk of injury.

The workers compensation system provides for: Loss of income during total or partial incapacity for work Medical, hospital and rehabilitation expenses.

Q. Can a Worker who is injured in a motor vehicle accident claim under both workers’ compensation and compulsory third party insurance?
If an injury under which compensation is payable was caused under circumstances of negligence by the owner/driver of a registered motor vehicle, the worker may claim either workers’ compensation or CTP benefits, but cannot retain both. The CTP insurer would normally be liable to refund any payments made by the workers’ compensation insurer. 

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