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Nominal Insurer Audit Report - February 2024

1. Executive summary

1.1 Introduction and background

The State Insurance Regulatory Authority (SIRA) regulates NSW mandatory insurance schemes including the NSW workers compensation (WC) scheme. The majority (approximately 83%) of claims in the NSW WC Scheme are managed by insurance and care NSW (icare).

icare is responsible for two entities in NSW workers compensation, the Nominal insurer (NI) and Treasury Managed fund (TMF) (NSW Government employees). icare outsource management of workers compensation claims to Claim Service Providers (CSP) for both the NI and TMF.

On the 6 October 2022 icare announced as part of its improvement program and commitment to delivering a higher standard of service in the NI scheme that it was expanding its panel of CSPs. This expansion saw the introduction of two new CSPs, Gallagher Bassett (GB) and DXC Technology (DXC), to handle all types of workers compensation claims and includes case managers with specialist skills to manage more complex psychological injuries.

As part of its risk minimisation strategy, icare staggered the onboarding of the two new providers with GB commencing providing claims management services from 1 July 2023 and DXC from 1 October 2023.

This audit was conducted to assess the claims management performance of DXC at a time appropriate to its onboarding as a CSP to the NI. SIRA allowed sufficient time for DXC to commence management of claims before it initiated an audit to obtain a robust view of the CSPs performance in the early stages of both policy transition, and claims and injury management activities, which are critical to outcomes achieved by workers.

2. Purpose

In September 2022 SIRA made a commitment to conduct quarterly audits of the performance of the NI by reviewing up to 50 claims. The scope of each quarterly audit is informed by the intelligence SIRA receives and associated risk assessment in relation to the performance of the NI.

SIRA’s audit of the Nominal Insurer in February 2024 was designed to evaluate the efficiency of icare’s support and onboarding of DXC, their transition process and alignment with the claims model. This would be evaluated through:

  • assessment of the compliance and case management practices in:
    • liability determination,
    • early intervention, injury management and recovery at work
    • data reporting accuracy
    • Customer Services Conduct Principles.

The insurers compliance and performance would be assessed relative to the following obligations under:

  • Chapter 3, Part 2 and Chapter 7, Part 3, of the Workplace Injury Management and Workers Compensation Act 1998 (1998 Act), specifically:
    • S43,45 – early contact and injury management planning with key parties for workers with significant injuries as defined by the 1998 Act.
    • S80 – required period of notice.
    • S267, 274, 275, 279, -timely decision making in accordance with statutory timeframes.
    • S268, 269, 280 notice requirements.
  • And Part 3 of the Workers Compensation Act 1987 (1987 Act), specifically:
    • S36 & 37 – weekly payments during first and second entitlement period.
    • S43 – decisions regarding the amount of an injured worker’s pre-injury average weekly earnings.
    • S82 – that indexation was applied to workers weekly payments where required.
    • S84 – times for payment of weekly compensation.
  • The Workers Compensation Guidelines (2021).
  • The Standards of Practice – expectations for insurer claims administration and conduct (2022).
  • Workers compensation insurer data reporting requirements (2019).

2.1. Audit Sample size and selection methodology

The audit sample was selected from all claims received and managed by DXC from the inception of services on 1 October 2023 and remained open on 31 December 2023. This ensured a representation of claims that covered many different injury types and liability statuses to assess the overall approach of the insurer.

Claims from this period were divided into two cohorts, being 10 psychological and 40 physical claim injuries. SIRA typically assess 15 psychological injury claims during its quarterly reviews, however as DXC did not have sufficient sample size at the time of review, the remainder of the audit sample was made up of physical injury claims.

Each cohort was further stratified into an assortment of reported liability status and return to work status codes, and the sample selected from these subgroups.

2.1.1. Criteria Scoring

This audit was scored in accordance with the SIRA Insurer claims management audit manual .The audit assessment instrument applied was a modified version of the SIRA self-audit tool available to all insurers.

As this audit was assessing early activities of claims management focussing on elements 1-10. Both the assessment criteria relative to activities that occur later in a claim and element 9 relating to estimates on a claim were removed from the audit tool.

Where a non-conformance with the SIRA audit manual was identified, the insurer was provided with the opportunity to provide additional information or evidence to the auditors to demonstrate conformance. The responsibility for the final decision sat with the Lead Auditor, with the aim for all non-conformances identified by the auditor team to be agreed on by all parties.

NB: Where it was evident that claims management activity or case manager behaviour caused harm, or increased risk of harm to the worker, and this fell outside the scope of the review, the matter was escalated to DXC and icare for immediate review and claim level actions.

2.2 Performance Metrics

This audit is measured across 3 components:

  1. Compliance: This measures activity performed by DXC in relation to the obligations and timeframes placed upon the NI by the workers compensation legislation and the Workers Compensation Guidelines.
  2. Case management practice: This measures DXC’s practice in line with the NI’s Injury management program, and SIRA’s expectations of case management in accordance with the overarching case management principles in the Standards of practice.
  3. Data quality: This measures the accuracy of data submitted by the NI to SIRA against information held in the claim file.

Table 1 - Overall results summary

3. Results: Compliance

Total score for component: 81%

Table 2 - Compliance component summary

3.1. Injury management and recovery at work - assessment

Audit score93%
Total criteria conformance81
Maximum achievable  criteria conformance87

Key findings

Initial stakeholder contact

SIRA measured the insurers compliance with Section 43(4) 1998 Act, that within 3 days of being notified of a significant injury, the insurer contacts the worker, employer, and where relevant the worker’s treating doctor.

Early contact with relevant stakeholders was evident on the audited claims, providing a supportive environment and relationship with workers.

There was one instance of non-compliance where contact was observed not to be attempted within 3 business days.

Consent

SIRA measured the insurers compliance with Section 243 1998 Act, that there is clearly documented evidence on file of a workers consent to discuss and release information to third parties.

SIRA’s certificate of capacity/certificate of fitness provides insurers with workers signed consent for insurers to liaise with the worker’s employer and treatment providers about their claim.

There were five instances of non-conformance where insurers contacted treating providers on the claim without signed certificates of capacity. It was also observed that insurers engaged third party contacts, such as solicitors or friends and family to discuss claims on workers behalf, and referrals for factual investigations without appropriate signed consent (consent not included on SIRA’s certificate of capacity/certificate of fitness).

3.2. Injury management and recovery at work – planning

Audit score89%
Total criteria conformance42
Maximum achievable criteria conformance 47

Key findings

SIRA measured the insurers compliance with Section 45 (1) 1998 Act in that an injury management plan is required to be established for workers that have sustained a significant injury.

Five instances were identified where, once a significant injury had been identified, an injury management plan was issued outside the 20-day timeframe as per the icare injury management program requirements.

3.3. Injury management and recovery at work- implementation

There is no compliance practice component applicable to this element.

3.4. Injury management and recovery at work- finalisation

There is no compliance practice component applicable to this element

3.5. Liability determination

Audit score71%
Total criteria conformance123
Maximum achievable criteria conformance 174

Key findings

Initial determination within seven days

SIRA measured the insurers compliance with sections 267 and 275 1998 Act, determining the requirement to commence weekly payments within seven days of notification of injury.

96% of the audited claims were noted to have had the first liability decision made within seven days of notification to the insurer.

Two claims did not meet the legislated statutory timeframes, one by a day and the other by 3 days. These delays to determine liability appear to be insurer oversight.

Initial liability decision notice

SIRA measured the insurers compliance with sections 268 & 269 of the 1998 Act, that written notice of the initial determination is provided to the worker.

Consistent with feedback from previous audits of the Nominal Insurer, several of the icare liability templates used by DXC were not compliant with the legislation, contained incorrect information, could be simplified, and did not clearly advise workers of their rights and entitlements.

  • Eleven claims were observed to have accepted provisional liability for medical payments only but did not inform the workers that the insurer had reasonably excused the requirement to commence weekly payments in accordance with section 268 of 1998 Act.
  • On 15 claims, while a Certificate of Capacity had not been received, there was evidence on file indicating the workers had incurred time lost or reduced capacity for work. These claims were either provisionally accepted for medical only expenses or reasonably excused by the insurer by providing the reason ‘no requirement for weekly benefits’. The letters issued to these workers did not clearly articulate that these workers may have an entitlement to weekly benefits,
  • Not all notices were observed to clearly inform the workers of how to resolve a reasonable excuse that was applied. While the notices outlined the worker could make a claim by completing a claim form, there was little explanation as to why or how this may assist the process.
Ongoing liability decision

SIRA measured the insurers compliance with section 274 1998 Act where a reasonable excuse was applied, or provisional liability accepted, the subsequent liability decision is made within legislated timeframes.

Auditors noted 21 instances where case managers did not meet statutory timeframes to determine liability, this was the lowest scoring criterion for compliance with legislation. Out of the 21 examples:

  • eleven claims remained on reasonably excused after further documentation had been received on the claim. There did not appear to be a review of liability on the claim (file note or liability decision made) upon receipt of further documentation, noting whether the information resolved the reasonable excuse, or if further information was still required to make a liability decision,
  • seven claims initially accepted for provisional liability medical only, did not determine the liability for weekly benefits after documentation confirming time lost was received, and
  • three claims did not have liability decisions made prior to the expiry of 12 weeks of provisional liability for weekly benefits.
Liability for medical and related treatment

SIRA measured the insurers compliance with section 279 of 1998 Act for the determination of liability for medical and related treatment within legislated timeframes.

Two instances of non- compliance were identified with delayed determination of liability for medical treatment (imaging requests) which impacted on the workers recovery.

In both instances there appeared to be sufficient information on file to make a determination, and there was evidence on file that both workers raised complaints with the insurer regarding delays to treatment. The insurer representative noted the approval or determination was not made as the received information was overlooked.

Liability for additional or consequential medical conditions

SIRA measured the insurers compliance with section 274 of 1998 Act for the determination of liability for additional or consequential medical condition not previously diagnosed or reported is added to a certificate of capacity for the compensable injury.

There was one claim where this criterion was assessed and met legislative requirements and timeframes.

3.6. Weekly payments

Audit score78%
Total criteria conformance47
Maximum achievable criteria conformance 60

Key findings

Weekly payments

SIRA measured the insurers compliance with Part 3, Schedule 3, and section sections 84 of 1987 Act, along with part 10 of the Workers Compensation Guidelines. Evidence on file was assessed to determine that the correct weekly payments were paid to the worker in a timely manner.

The requirement is to ensure that that workers receive their correct weekly payments in accordance with their PIAWE and correct entitlement period.

With a large portion of the insurers claims against small employers, there appeared to be a lack of clear information supplied to employers about how, what, and when to pay workers which resulted in workers not receiving access to timely and accurate weekly benefits.

Generally, initial liability and PIAWE letters were difficult to comprehend and contained incorrect or deficient information conceivably leading to employers not clearly understanding what to pay workers and subsequently, workers not knowing if they were being paid correctly.

Further, the following specific payment errors were identified:

  • four claims with unfit or reduced capacity certificates were not paid at the date of review,
  • one claim with delays in payments being made after unfit certificates were received on file,
  • one claim noted that the worker complained they were not being forwarded payments by their employer,
  • two claims where payments were incorrectly paid to the employer instead of the worker causing financial distress to the worker through delayed or non-payment of weekly payments,
  • two claims paid wages to employers without a Wage Reimbursement Schedule on file, not identifying the amount paid to the workers and how weekly benefits were calculated,
  • two claims where the employer was not advised of the correct amount of weekly benefits to pay the worker.
Certificate of Capacity

SIRA measured the insurers compliance with section 44B of 1987 Act and section 270 of 1998 act, that there is evidence of a valid certificate of capacity to claim weekly benefits.

Overall, there was clear medical evidence covering weekly payments for incapacity.

Auditors observed two claims where weekly payments were not made to workers with supporting certificates of capacity on file.

3.7. Work capacity

Audit score100%
Total criteria conformance2
Maximum achievable criteria conformance 2

Key findings

SIRA measured the insurers compliance with sections 43 and 44 of 1987 Act to conduct regular assessments, where required, of a worker’s current capacity for work by reviewing evidence on file and documenting rationale for work capacity decisions.

The general assessment of a worker’s capacity for work was performed well and was found to be conformant across claims.

Due to the formative nature of the claims reviewed and the focus of the audit targeted towards early intervention the audit team only assessed and reviewed compliance with criterion 7.1 and 7.4.

3.8. Service provider management and related expenses

Audit score100%
Total criteria conformance26
Maximum achievable criteria conformance 26

Key findings

Service provider approvals

The compliance aspect of service provider management was managed well, and treatment requests were promptly addressed. Any non- compliance identified with statutory timeframes pursuant to Section 279 1998 Act were addressed in criterion 5.2.

Independent Medical Consultations (IMC)

SIRA measured that IMC’s were arranged in accordance with Part 6 of the Workers Compensation Guidelines.

The claims management procedures that insurers are required to follow when arranging IMCs for workers as prescribed by Part 6 of the Workers Compensation Guidelines were observed to be adhered to on the two claims where IMCs were utilised.

Independent Medical Examinations (IME)

SIRA measured that IMEs were arranged in accordance with Part 7 of the Workers Compensation Guidelines.

The claims management procedures that insurers are required to follow when arranging IMEs for workers as prescribed by Part 7 of the Workers Compensation Guidelines were observed to be adhered to on all six claims where IMEs were utilised.

3.9. Claims estimates

There is no compliance practice component applicable to this element and the component was not reviewed as part of this audit.

3.10. Data management

There are no legislative compliance requirements relevant to this component applicable.

4. Results: Case management practice

Total score for component: 75%

Table 3 – Case Management practice component summary

4.1. Injury management and recovery at work - assessment

Audit score94%
Total criteria conformance90
Maximum achievable criteria conformance 96

Key findings

SIRA assessed the evidence on file to determine whether the insurer was making early supportive contact with all relevant stakeholders in accordance with standards of practice 33 and 34.

The insurer has a template that was utilised for initial contacts with workers and employers.

Evidence confirmed attempts for prompt and early contact with employers on 46 of 47 (98%) claims assessed, demonstrating the insurers commitment to injury management.

Worker contact was observed with lower conformance with 43 of 49 (88%) failing to meet standards due to the below key themes across multiple claims:

  • Workers not being advised of treatment that can be undertaken without prior approval,
  • Discussions on injury management planning, including guidance and assistance on workers recovery,
  • Advising workers of the case managers role in their claim and recovery,
  • Not confirming the workers current work status, including over multiple workplaces,
  • Explaining upcoming investigations (factual),
  • Explanation of upcoming and potential liability decisions (reasonable excuse, provisional liability),
  • Advising workers that they can claim for treatment already undertaken prior to lodgement of claim.

4.2. Injury management and recovery at work - planning

Audit score52%
Total criteria conformance25
Maximum achievable criteria conformance 48

Key findings

Through the evidence on file, SIRA assessed the insurers injury management planning through the development and updating of the IMP in accordance with their own Injury Management Program and Standards of Practice 12, 33 and 34.

Whilst there was evidence of IMPs and risk assessments on file, it was observed that intended plans, actions and outcomes from these risk assessments were not always comprehensive for the circumstances of the claim, and of the injury management actions identified were rarely followed through.

Twenty IMPs were observed to be not consistent with information on file, not tailored to workers circumstances, were missing information about current treatment (and approvals), had incorrect content or information and there was minimal evidence of consultation to develop subsequent plans. These practices are below the benchmarks and expectations set out in Standard of Practice 12.

SIRA also observed an overall absence of a clear risk assessment being conducted at the onset and throughout a claim. This restricted insurers from identifying workers at a greater risk of delayed recovery and developing claim strategies to mitigate these risks. Examples of risks SIRA observed that did not appear to be assessed/addressed included:

  • breakdown in worker/employer relationship,
  • early identification of secondary psychological conditions,
  • delays with employers paying weekly benefits,
  • high reporting of pain levels,
  • workers undergoing surgery,
  • suitable duties withdrawn by pre-injury employer,
  • worker becoming job detached, or
  • workers not attending suitable employment.

4.3. Injury management and recovery at work - implementation

Audit score80%
Total criteria conformance45
Maximum achievable criteria conformance 56

Key findings

Promoting recovery at work

SIRA assessed the available evidence on file to support the implementation of the injury management plan, promoting recovery through work in accordance with Standard of Practice 34.

There was evidence that recovery at work was promoted through the provision of suitable duties on 70% of claims.

There were nine non-conformances identified noting delays in referring for rehabilitation services when workers had capacity to return to work, however had not returned, or had become detached from their employer.

Claim handovers

SIRA assessed the available evidence on file that in the event of a change in case manager, the claim strategy is documented as part of the handover and the incoming case manager makes proactive early contact with stakeholders to establish working relationships.

Claim handovers were managed well by case managers, with the exception of one claim that did not review current certificates of capacity on file and were non-conformant with expected practices outlined in relevant Standards of practice.

4.4. Injury management and recovery at work – finalisation

Audit score62%
Total criteria conformance13
Maximum achievable criteria conformance 21

Key findings

In accordance with Standards of practice 19 and 30, SIRA assessed the available evidence on file to support that all stakeholders had been notified of intending claim closure and all outstanding invoices had been paid.

Due to the formative nature of the claims reviewed there was limited activity to review against this component.

Notification of claim closure

Four non-conformances were recorded, with two claims finalised with no evidence on file notifying the workers treating practitioners and service providers of the insurers intention to close the claim in accordance with Standard of Practice 30.1.

Two claims were noted to have not advised providers in writing of the claim being finalised in accordance with Standard of Practice 30.3.

Payment of invoices prior to closure

There was evidence on file of 3 instances of claims reopened for payment of provider invoices and one reopened to reimburse wages on claims.

4.5. Liability determination

There is no case management practice component applicable to this element.

4.6. Weekly payments

Audit score64%
Total criteria conformance46
Maximum achievable criteria conformance 72

Key findings

Initial and Interim PIAWE calculation

SIRA measured the insurers conformance with claims management benchmarks and expectations prescribed in Standards of Practice 3, 7 and 23 through observations of case management practices and decision making documented on file to determine workers’ initial and/or interim PIAWE.

  • auditors noted that initial communication requests sourcing the required PIAWE information was swift and robust,
  • auditors noted that follow up with employers after initial requests was the main reason for insurers low scoring on the 38 claims (71%) that this applied to,
  • interim PIAWEs were noted to be applied on 27 claims scoring a relatively low compliance rate of 57% for the subsequent communication to both employers and injured workers following up required information (criterion 6.2). The initial liability letter poorly communicated that the PIAWE amount determined was in fact an interim amount, and did not clearly identify what further information was required from the worker/ employer for the insurer to properly assess and determine the workers correct PIAWE,
  • when required information was received on file for claims with an interim PIAWE applied, it was observed by auditors on 3 occasions that the workers PIAWE was calculated outside timeframes in accordance with Standard of Practice 7.3,
  • it was noted that a number of claims received by DXC required indexation of PIAWE as of 1st October 2023. Indexation appeared to be appropriately applied to claims with PIAWE and interim PIAWE’s calculated.
Statutory reduction in payments

Where workers compensation legislation provides for a reduction in weekly payments of compensation, Standard of Practice 9 sets the expectation insurers are to provide both employers and workers with no less than 15 working days' notice of the reduction in payments.

This was the lowest scoring criterion of the review with 16 of the claims reviewed, had a step down in entitlements after the first 13 weeks of weekly payments, only 6 claims (38%) met the required benchmark to inform workers and employers of the amendment to payment amounts.

Further, several step-down letters observed did not inform workers that they were entitled to either 95% or 80% of their PIAWE in the second entitlement period, dependant on hours worked each week.

The audit team observed:

  • six instances where workers and/or employers were notified of the 13-week step down inside the 15-day time frame recommended in the Standard of Practice,
  • two occasions where workers and/or employers were advised of the 13-week step down after the date of effect,
  • two instances where no letter of the 13-week step down in entitlements was evident on file.

4.7. Work capacity

There is no case management practice component applicable to this element.

4.8. Service provider management and related expenses

Audit score74%
Total criteria conformance69
Maximum achievable criteria conformance 93

Key findings

Factual investigations and surveillance

Where a claim was referred for a factual investigation or surveillance, SIRA assessed the available evidence on file to deem whether case management expectations outlined in Standard of Practice 24 had been met.

All claims (11) assessed against criterion 8.9 did not meet the requirement of providing the worker with five days written notice of the request to participate in a factual investigation. While on occasion, some case notes were recorded that workers had been ‘advised of the purpose, process and obligations’ of the factual investigation, no written documentation to the worker confirming the process was evident on file.

No audited claims were referred for surveillance activities.

Payment of service provider invoices

In accordance with Standards of practice 10 and 15, SIRA assessed that provider invoices were paid within the ten working day timeframe.

SIRA reviewed the last 3 invoices received on file. Evidence on file indicated payment of service provider invoices were made within timeframes on 39 of 43 files (91%).

Workplace rehabilitation

Due to the formative nature of the claims, there was minimal engagement with workplace rehabilitation providers. Instances were observed on claims whereby it would have been appropriate to engage a provider early, particularly to assist small employers to support their employees in their return to work.

There were 3 claims where rehabilitation providers were engaged, however there were delays in referrals, delaying return to work outcomes for these workers.

There was one claim of note, where the worker was also the employer that had returned to work on full duties. The reason for referral was not explained to the worker/employer who refused to engage.  In this case referral to rehabilitation services may not have been appropriate.

Payment of worker claim reimbursements

In accordance with Standard of Practice 10, SIRA assessed whether any reimbursements claimed by the worker were paid promptly, and within 10 working days.

  • three workers claim reimbursements were paid outside of the 10-day timeframe,
  • two workers claim reimbursements had not been reimbursed at time of review.

4.9. Claims estimates

SIRA auditors did not measure conformance against this case management component.

4.10. Data management

There is no case management practice component applicable to this element.

5. Results: Data quality

Total score for component: 91%

Table 4 – Data quality component summary

5.1. Injury management and recovery at work - assessment

There is no data quality component applicable to this element.

5.2. Injury management and recovery at work - planning

There is no data quality component applicable to this element.

5.3. Injury management and recovery at work - implementation

There is no data quality component applicable to this element.

5.4. Injury management and recovery at work - finalisation

There is no data quality component applicable to this element.

5.5. Liability determination

Audit score92%
Total criteria conformance46
Maximum achievable criteria conformance 50

Key findings

SIRA assessed the liability status code and date of this decision in the data submitted to SIRA accurately reflected information on the claim file.

Four non-conformances were identified where liability letters and information on file had a different date of decision than the data reflected in the claims management system and subsequently reported to SIRA.

5.6. Weekly payments

Audit score100%
Total criteria conformance25
Maximum achievable criteria conformance 25

Key findings

The data reported to SIRA matched the information visible on file.

5.7. Work capacity

There is no data quality component applicable to this element.

5.8. Service provider management and related expenses

There is no data quality component applicable to this element.

5.10. Data management

Audit score88%
Total criteria conformance88
Maximum achievable criteria conformance 100

Key findings

SIRA assessed that the work status and injury codes reported in the data to SIRA was consistent with the work status and injury codes recorded on the file.

The 12 non-conformances identified related to work status codes not being updated on the file, when new relevant information was presented.

6. Results: Overall Audit Score

Overall Audit Score

Compliance Audit Score81%
Case Management Practice Audit Score75%
Data Quality Audit Score91%

7. Observations

7.1. Strengths

The following practices/processes were identified as areas of strength in DXC management of claims:

  • Early contact with relevant stakeholders, upon notification of a significant injury, was evident which provided for a supportive environment and relationship with all parties.
  • Initial liability decisions were observed to be made within legislative timeframes.
  • Appropriate use and referral to third-party consultants such as IMEs and IMCs.
  • Claim handovers and transition of claims between case managers were observed to be well managed and workers and employers were duly informed of any changes with no adverse effects.
  • Generally prompt approval for medical expenses claims and payment of invoices received.
  • Timely issuing of initial injury management plans was observed.
  • Data quality of evidence on file was reflective in the insurer system and reflected data submitted to SIRA.
  • TOOC’s coding was generally reflective of evidence of the main type of injury on file.

7.2. Areas for improvement

The following practices/processes were identified as opportunities for improvement in the management of claims:

  • Review the requirement for multiple insurer staff engaging with workers and employers on claims within the first seven days. It was observed on files that eligibility officer, PIAWE specialist and claims manager all contacted workers and employers, potentially causing confusion to stakeholders.
  • Continue engagement with stakeholders throughout the life of the claim. A decrease was observed in engagement with workers, employers and treating practitioners to support and focus the claim toward early intervention, injury management and return to work.
  • Review of the initial liability decision process where there is information on file to support that the worker had experienced time off work or was certified for reduced capacity for work. It was frequently observed that claims were accepted for ‘provisional liability medical expenses only’.
  • Ensure accurate risk assessment and resultant strategies consistent with new information on file.
  • Review the accuracy of standard icare templates and letters used to communicate important information and decisions to workers and employers.
  • Timely action, response, intervention, and resolution to complaints from workers about their weekly payment, especially where there are barriers to the employer forwarding payments the worker.
  • Improve guidance and support for small employers with the recovery through work process by engaging workplace rehabilitation providers at the earliest point.
  • Ensure certificate of capacity/certificate of fitness has been signed by the worker prior to commencing communication with third parties.
  • Consider reviewing claims finalisation process, there was several claims that were finalised without advising the worker, employer and treating providers prior to finalisation of the claim.
  • Enhance case management practices and communication when arranging for workers to participate in factual investigations.
  • Promote accurate and concise file noting rather than inserting of large standard templates designed to cover multiple scenarios.
  • Improve information gathering and calculation of PIAWE on all claims that have had time lost from pre-injury work. This includes application of interim PIAWE, where information cannot be gathered within the first instance, and continuing to follow up employers/workers until a formal PIAWE can be calculated on the claim.
  • Ensure that workers and employers are adequately advised of 13-week statutory reduction in weekly benefits within standards.
  • Consider the definition of date claim made as a data reporting field in line with the requirements for making a claim in the Workers Compensation Guidelines and the reporting requirements in the Workers compensation insurer data reporting requirements.
  • Review the application of excess when a delayed notification of injury by employers is received. SIRA observed on multiple occasions that the insurer did not apply an excess payment in accordance with Section 160 1987 Act and the SIRA Market Practice and Premium Guidelines.

7.3. Future audits

SIRA’s next audit of the NI will be conducted in May 2024.