Overview
Work-related injuries have their own set of rules under the ACC scheme. Employers and employees have specific obligations, and different levy rates apply to fund the Work Account. This guide covers the key aspects of work-related ACC claims.
What is a Work-Related Injury?
A work-related injury is a personal injury suffered by an employee:
- While at work (on the employer's premises or at another location for work purposes)
- While performing work duties, whether at the workplace or elsewhere
- While travelling for work (but not commuting to/from work)
- Due to a work-related gradual process, disease, or infection (e.g., repetitive strain injury, occupational asthma, exposure to hazardous substances)
Employer Obligations
Employers have several legal obligations when an employee is injured at work:
- Record the injury: Keep a detailed injury register covering all workplace injuries (even minor ones)
- Assist with the claim: Help the employee access medical treatment and lodge the ACC claim
- Pay the first week: Employers pay the employee's normal wages during the first week of incapacity (the ACC stand-down period)
- Provide suitable work: Offer modified duties or alternative work if the employee can return with restrictions
- Rehabilitation cooperation: Participate in return-to-work planning and rehabilitation meetings
- Maintain confidentiality: Protect the employee's medical and claim information
Experience Rating
New Zealand's ACC Work Account uses an Experience Rating system. This means an employer's levy can be adjusted up or down based on their workplace injury history:
- Good performers: Employers with fewer and less severe workplace injuries get levy discounts
- Poor performers: Employers with higher-than-average injury rates pay levy surcharges
- The rating looks at the last 3 years of claims data and compares it to industry averages
- Adjustments can range from -50% (maximum discount) to +50% (maximum surcharge)
- The system is designed to incentivise workplace health and safety
Work Account Levies
Employers pay levies into the Work Account. The levy rate depends on:
- Industry classification: Each industry has a risk-based levy rate (e.g., construction pays higher rates than office work)
- Total payroll: Levies are calculated as a percentage of total employee earnings
- Experience rating adjustment: As above, your levy can be discounted or surcharged
Return to Work
ACC and the employer work together to support the employee's return to work. This may include:
- Gradual return: Starting with reduced hours or lighter duties
- Modified duties: Temporarily different tasks that suit the employee's restrictions
- Workplace modifications: Ergonomic adjustments or equipment
- Retraining: If the employee cannot return to their original role
Employee Rights
Employees with work-related injuries have the right to:
- Make an ACC claim (employer cannot prevent this)
- Receive treatment and weekly compensation (after the first week)
- Return to their job or suitable alternative work
- Be protected from discrimination due to their injury
- Appeal ACC decisions through the review and appeals process