The Nominal Insurer is an independent body established to ensure that injured workers are not disadvantaged where:
- the employer does not hold a policy of workers compensation insurance
- the employer cannot be located
- the employer is insolvent (bankrupt)
- the employer’s insurer is insolvent or is unable to meet its liabilities under the policy.
How the Nominal Insurer gets involved in a claim
Even if a worker believes that one of the above circumstances may apply, the worker must still lodge a claim for compensation on their employer.
If the employer fails to meet its obligations (for example, to make weekly payments or pay compensation for medical and other expenses), the worker can refer the matter to the Workers Rehabilitation and Compensation Tribunal for an order requiring the employer to pay compensation.
If the employer fails to comply with the Tribunal’s order, the worker can seek a further order requiring the Nominal Insurer to meet the employer’s liability for the claim.
If the order is made, the Nominal Insurer will then handle the worker’s claim.