CFMEU NSW FAQ
Financial members of the CFMEU NSW.
Because various governments removed a number of protections under the workers’ compensation system. For example, journey claims are no longer covered under workers’ compensation as a result of NSW Government changes. The CFMEUNSW wants to make sure that its members are covered by a minimum safety net that protects wages when travelling to and from work each day.
Cover commences from the time the financial member undertakes direct travel to and from work and ceases upon arrival at either their normal residence or place of employment, whichever is their destination.
The Journey Insurance policy will cover you for 85% of your weekly wage, up to a maximum of $2,000 per week.
There is no journey insurance claim payable for the first 30 days.
The insurance policy will be paid by the CFMEU NSW as part of your union membership.
No medical expenses coverage or rehabilitation costs benefits are payable under this policy.
Yes. Your weekly income benefit under this Policy includes an average of all your penalties, overtime and allowances that you earned over the previous twelve (12) months.
You are not entitled to get paid twice for the same loss of income. The Insurer will share the costs with your other income protection policy provider.You are not entitled to get paid twice for the same loss of income. The Insurer will share the costs with your other income protection policy provider.
Claims are reviewed on a case by case basis in relation to their likely acceptance under relevant Traffic Act and Workers Compensation Law. Whilst there is an obligation for the insured to pursue a claim via these routes, the insurer will consider providing benefits to an insured, whilst they proceed with these claims against any Traffic Act or Workers Compensation Act, if it is believed that there is a possibility that this claim would not be successful.
If the insurer has paid a benefit to a member who is subsequently successful with their claim against any Traffic Act (CTP green slip)/Workers Compensation, the funds received via their claim would be used to reimburse the insurer for payments made to the insured against this policy.
The journey cover policy shall not apply to any event directly or indirectly arising out of you being under the influence of intoxicating liquor or having a blood alcohol content over the prescribed legal limit or being under the influence of any drug other than a drug taken or administered by, or in accordance with the advice of a legally qualified practicing medical practitioner.
You should put in a workers’ compensation claim through your employer and fill out a claim for Journey insurance by going to the CFMEUNSW website and clicking on the “journey Insurance” tab.
If the injury was the result of a motor vehicle accident which was not their fault, they may be able to receive compensation under the Third Party Compensation (CTP) scheme which would include medical expenses and rehabilitation. Alternatively you could contact the CFMEUNSW Member Rights Centre for advice.
If you make a claim and your doctor verifies that you are expected to remain off work for longer than 30 days, then your income benefits under this Policy will be paid to you monthly in arrears, normally your first benefit will be paid at day 60, however if you return to work earlier, it will be paid upon your return to work.
Income benefits (based on weekly salary) are paid monthly in arrears directly to the member who has made the claim.
You are only required to use you sick or other leave entitlements for the first 30 days after your journey accident. Following the first 30 day period, income benefits will be paid to you.
However an employer may be able to terminate employees on leave without pay in circumstances where they are absent for over 3 months and not on sick leave (sec 352 Fair Work Act and regulation 3.01 of the Fair Work Regulation)
There is a 30 day waiting period to keep this product sustainable and allow all members access to this entitlement at their nominal membership fee.
If you do, it will reduce the benefit payable to you under this policy. For example, if an Insured person uses up 2 days of their sick leave, then the Insurer will only pay 85% of the remaining 3 days income that you would have earned, had you remained at work.
Yes. All members are insured, as not all workers will be covered by the workers compensation system. Some workers under Comcare will still require protection under this insurance policy. If a member makes a claim under this policy, then a claim should still be made under the workers compensation system.
There are aspects of the workers’ compensation system which are unclear. Some cases may still be covered by workers compensation and therefore in the first instance, an attempt must be made to gain coverage under workers’ compensation.
If all the paperwork is submitted properly, it is not expected this will delay a claim. A workers’ compensation claim must be determined within 7 days and the Journey Insurance claim will take a few more days after that. All this is expected to occur within the 30 day waiting period.
Documents like salary details, a police incident report and details of what happened.
Your income will be averaged over the previous twelve (12) months period and divided by 52 weeks prior to the injury which takes into account any paid and/or unpaid leave over that period. This means that a period of no income will be counted in the 52 week calculation.
You will be covered for a maximum of 104 weeks or two years from the date of the original injury.
The Journey Injury insurance cover provides you with financial security for up to 104 weeks or two years from the date of original injury. However unlike workers compensation if you are off work for more than 3 months the employer does not have to keep your job open for you. Therefore if you are unable to return to work with 10 weeks of the injury, you should contact the CFMEUNSW for advice.
Yes the information provided will be kept confidential in accordance with the Privacy Act 1988 cth.
No – the claimant should keep funds aside for tax as tax is not withheld. It is recommended that you obtain taxation advice from your accountant in relation to claim payments.