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Here are 5 things you can do today to commence preparing for or to support public health vaccination efforts, republished from the Gallagher Workplace Risk website.
Gallagher acknowledges that COVID-19 workplace risk management has always been an important feature of keeping Australia out of lockdowns and functioning to potential. COVID-19 booster programs in 2022 could become part of the Australian workplace landscape, similar to annual flu shot.
On the 28th August the Federal Government responded to the confusion around the liability for workplace COVID-19 vaccination programs by announcing an indemnity scheme to protect employers who may face costly claims when they facilitate vaccinations in the workplace.
From 6 September 2021 Australians who suffer injury or loss of income due to the administration of a COVID-19 vaccine, or due to an adverse event that is considered to be caused by a COVID-19 vaccine, will be able to register their intent to claim from the federal scheme.
In parallel, the Federal Government is also developing a portal to formally submit claims and documentation, and those who register their intent to claim will be contacted once this portal has been established and they are able to submit the formal claim. Evidence of an adverse event is not required when registering intent to claim.
The scheme will cover the costs of injuries above $5,000 due to a proven adverse reaction to a COVID-19 vaccine. The Therapeutic Goods Administration (TGA) will provide guidance on recognised adverse reactions as part of their established surveillance program, and claims will be assessed by independent experts, with compensation paid based on their recommendations. The scheme will be backdated to 22 February 2021 and will be administered by Services Australia. There is no need to establish a link to employment under the federal scheme because it is not limited to workplaces.
In some circumstances an adverse reaction to the COVID-19 vaccine may be covered under workers'compensation. Each claim will be assessed on its own merits.To be covered, the insurer will need to be satisfied that
While each claim needs to be assessed on its own facts and evidence, several factors may increase the likelihood that a vaccine injury is found to be covered under workers' compensation, including whether an employer:
In NSW for example, the link between the vaccine injury and the worker's employment is easier to establish where a worker is influenced by their employer's requirement to get vaccinated or is subject to a NSW Government Public Health Order.
In these circumstances there is an increased likelihood of the vaccine injury being covered under workers' compensation. When lodging a claim, employers and workers will be required to provide information on the link between work and the adverse reaction to the vaccine. If a vaccine injury is a "heart attack injury" or "stroke injury" under section 9B of the 1987 Act, the worker is required to also establish that the nature of their employment significantly contributed to the injury. In practice, this may mean that the worker will have to satisfy additional requirements.
For example, the worker may need to show that they only opted for a particular vaccine brand due to their employment. Under the federal scheme, for claims between $5,000 and $20,000, claimants need to have been hospitalised for at least one night, will need to nominate they are seeking less than $20,000 and provide applicable evidence of
Also find FAQs to help organisations navigate their way through COVID-19 through COVID-19 vaccination mandates here: FAQs mandating vaccinations
Gallagher Workplace Risk is available to help employers understand how to navigate their responsibilities and opportunities in managing a COVID-19 vaccination program and how to best encourage workers to take part or inform themselves of the importance or participating in the national vaccination efforts. The Gallagher Workplace Risk Team comprises specialists in safety, workers' compensation and education and with our associates we can facilitate support for employers to better understand and manage their risk.
Gallagher is communicating this information from Australian government website sources and is not responsible for the COVID-19 vaccination scheme entitlements, conditions or considerations.
Gallagher provides insurance, risk management and benefits consulting services for clients in response to both known and unknown risk exposures. When providing analysis and recommendations regarding potential insurance coverage, potential claims and/or operational strategy in response to national emergencies (including health crises), we do so from an insurance and/or risk management perspective, and offer broad information about risk mitigation, loss control strategy and potential claim exposures. We have prepared this commentary and other news alerts for general information purposes only and the material is not intended to be, nor should it be interpreted as, legal or client-specific risk management advice. General insurance descriptions contained herein do not include complete insurance policy definitions, terms and/or conditions, and should not be relied on for coverage interpretation. The information may not include current governmental or insurance developments, is provided without knowledge of the individual recipient's industry or specific business or coverage circumstances, and in no way reflects or promises to provide insurance coverage outcomes that only insurance carriers' control.
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