Does WorkCover include super?

If you have an accepted WorkCover claim in Victoria and you are in receipt of weekly payments because you are unable to work at all, or you have a restriction in your ability to work, you are entitled to receive superannuation contributions paid by the WorkCover Insurer.

In order to be entitled to receive superannuation, you must have received weekly payments under this workers compensation claim for a period of at least one year. You must have also been injured after 5 April 2010.

If you’re injured before 5 April 2010 then you are not entitled to superannuation contributions paid by the insurer.

You must also be under retirement age and you also must not be receiving superannuation from your current employer under a public sector superannuation scheme, law or industrial award.

What if I have some capacity to work – am I still entitled to superannuation contributions?

Even if you have returned to work, as long as you continue to receive some weekly payments, you are entitled to obtain superannuation payments from the WorkCover Insurer.

This means that if you’ve returned to work, but not working to the same extent you were doing so prior to suffering your injury, if you satisfy the above criteria you are still entitled to receive superannuation contributions.

You’re entitled to receive superannuation contributions even if you have gone past the 130 week period and you remain in receipt of weekly payments because you’re either totally incapacitated for work or partially incapacitated.

After being paid superannuation contributions, when will they cease?

They will cease when you are no longer entitled to weekly payments and they cease or alternatively when you hit retirement age, which happens earlier.

Do I need to do anything?

Because you do not get superannuation paid by the WorkCover insurer for the first one year that you are in receipt of weekly payments, it’s a good idea to make a note of when that one year period is so if you do not hear from the insurance company or your employer, you can follow them up.

Keep in mind that if for some reason superannuation contributions are not made when they should’ve been, then you have an entitlement to have those superannuation contributions back paid to you.

Complete the relevant form

At some point the insurer should ask you to complete the form below. It is a ‘choice of superannuation fund’ form. This is a simple form where you nominate your superannuation fund.

The form looks like this:

The form requires you to fill in your name, date of birth and your WorkCover claim number which you can find on correspondence from the WorkCover insurer.

If you cannot find your WorkCover claim number, then contact the insurer and ask them to provide it to you.

You must indicate under question two that you have provided your tax phone number to your nominated superannuation fund.

Under question three you are required to provide details of your nominated superfund.

The information required is; superannuation funds ABN, unique superannuation identifier, fund name, fund address, member number and account name.

The easiest way to obtain this information, particularly the ABN and unique superannuation identifier is to telephone your superannuation fund directly and ask them to provide it to you over the phone.

If you are not a member of the fund that you are listing under question three on the form, you must join them before completing form form.

Under question four, that is where you write your fund details.

Finally, you should review the consent and declaration section and finally sign and date the form where indicated.

Once the form has been completed and signed by you, you should return this to the WorkCover Insurer.

What should I do if I think I’m entitled to superannuation contributions but the insurer says I’m not?

The first thing you should do is to find out why they say you’re not entitled to superannuation contributions. It’s possible that they have sent you out a letter with reasons explaining their decision.

If they haven’t, you should call them up and discuss the matter with them. Or, if you have a lawyer, you should refer the matter to them.

If you are confident that you’re entitled to superannuation contributions and the insurance company is wrong, then you should give consideration to lodging a request for conciliation form and pursuing the matter to conciliation.