Uninsured Employer

If the employer of an injured worker does not have a valid workers compensation policy, the worker (or his/her dependants if the worker has died as a result of the injury) may make a claim through SIRA (the State Insurance Regulatory Authority).

Claims against uninsured employers are governed by Part 4 Division 6 of the 1987 Act.

The Nominal Insurer becomes the insurer liable for claims by an injured worker against the uninsured employer: section 142A.

If the Nominal Insurer disputes the worker’s claim, the worker can commence proceedings in the Workers Compensation Commission for determination of the claim: section 142B.

A claim for work injury damages against the Nominal Insurer cannot be made by the worker until a claim for permanent impairment compensation has been made and finalised: section 142A.

The Nominal Insurer may seek reimbursement of payments from the uninsured employer: section 145 of the 1987 Act.

A claim for work injury damages cannot be paid under Part 4 Division 6 if the worker is entitled to compensation under the policy of a principal contractor pursuant to section 20 of the 1987 Act (see the next topic Uninsured Subcontractors).