Workers Care Policy

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Engineering Building & Infrastructure PTY. LTD.

Professor Foster's work from the University of Newcastle, Australia, legally substantiates the claim that ICARE, EML, and similar insurance bodies offer illusory protection that cannot stand up to scrutiny or enforcement. Construction companies are financially and ethically justified in disengaging from these schemes and building internal care and compensation frameworks.

This paper reveals major contradictions and public policy risks within the legal framework that governs insurance coverage for directors and company officers in workplace injury cases. For employers like Engineering Building & Infrastructure Pty Ltd (EBNI), who pay compulsory insurance premiums to government-managed schemes (e.g. ICARE, EML), the research underscores why these entities often fail to protect workers or corporate integrity—and instead, systematically avoid accountability.

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Our Policy

1. Policy Statement

Engineering Building & Infrastructure Pty Ltd (EBNI) is committed to the health, safety, and welfare of all employees. Recognizing that external compensation schemes have often failed injured workers, EBNI adopts a self-managed approach to injury care and compensation. For example, a recent review found that 53,000 NSW workers were underpaid by an insurer to the tune of $38 million (ABC). Likewise, research shows that delays beyond four weeks in lodging a claim are linked to much poorer recovery outcomes (PMC-GOV). By managing claims directly, EBNI can ensure “faster claims” handling and more effective support for injured staff. This policy thus guarantees timely, adequate care and fair compensation, rather than exposing workers to the delays, underpayments, and bureaucratic hurdles common under standard insurance schemes.

2. Objectives

Immediate Comprehensive Care: Provide immediate and thorough medical attention and support to any injured worker, ensuring rapid response and treatment. (Studies indicate prompt action is critical, as delays in claim processing lead to worse recovery PMC.)

Fair, Prompt Compensation: Ensuring that injured workers receive all their entitled payments and benefits in a timely manner. EBNI will fund wages and medical costs directly, avoiding reliance on external insurers and preventing underpayment issues like those highlighted on ABC.

Proactive WHS Engagement: Work closely with Work Health and Safety (WHS) authorities. This means full compliance with all safety laws and regulations—for instance, immediately notifying SafeWork NSW of any notifiable incident, as required by Section 38 of the WHS Act,on their guidance to improve workplace safety.

Transparency & Accountability: Maintain open communication about injuries and claims with all stakeholders. Detailed records will be kept, and injured workers will be informed of their entitlements and recovery plans at every stage.

3. Scope

This policy applies to all employees of EBNI in every location and project. It covers all work-related injuries and illnesses, whether resulting from on-site construction work or any business activity.

Engineering Building & Infrastructure Pty Ltd – Worker Injury Care & Compensation Policy

Recognising systemic flaws in certain external insurance and compensation systems, EBNI self-manages injury care and compensation to ensure injured workers receive prompt and necessary support. EBNI would rather assure than insure.

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4. Injury Management Protocol

4.1 Immediate Response

Medical Care: Provide first aid and emergency response immediately (including calling an ambulance/hospital if needed) to stabilize the injured worker. Arrange prompt transport to medical facilities when required.

Incident Documentation: Record the incident details as soon as possible (time, place, witnesses, descriptions of events, and injuries) while memories are fresh. This includes photos or diagrams of the scene if helpful.

Internal Notification: Promptly inform EBNI management and the injured worker’s emergency contact.

Regulatory Notification: If the injury is serious (e.g., death, life-threatening illness, or injury) and meets the WHS definition of a “notifiable incident,” SafeWork NSW must be notified immediately as mandated by s.38 of the WHS Act.

Claim Initiation: Initiating the compensation process promptly. Proceed with lodging the worker’s claim and arranging any interim payments or support. (It is crucial: studies show that claims lodged more than 28 days after injury are far less likely to have a positive outcome based on the National Library of Medicine.)

4.2 Ongoing Care and Support

Dedicated Case Manager: Assign a Return-to-Work (RTW) coordinator or case manager to each injured worker. This person will be the worker’s primary contact and will “coordinate all aspects of a worker’s claim”. The case manager liaises with medical providers, the worker, supervisors, and any rehabilitation specialists to keep everyone informed and on track.
Return-to-Work Plan: Develop a customized RTW plan in consultation with the worker’s treating doctor(s). Identify and assign suitable modified or light duties that match the worker’s current capabilities, updating the plan as recovery progresses.
Medical and Allied Health Support: Arrange ongoing treatment and rehabilitation services (e.g. physiotherapy, occupational therapy). Monitor the worker’s health and recovery regularly, adjusting treatment plans as needed. EBNI covers all reasonable medical expenses to support full recovery.
Psychological support: provide mental health resources and counselling as part of recovery. EBNI recognizes that injuries can have psychological impacts; for example, experts warn that limiting access to mental health care leaves many workers “without the support they need”. EBNI will offer or arrange counselling, an Employee Assistance Program, or other mental health services whenever appropriate (unsw.edu.au).

4.3 Compensation

Wage Continuity: Ensure the injured worker receives their full pre-injury wage (or equivalent statutory compensation) without interruption. If there is any delay in external payments, EBNI will make advance or "top-up" payments to ensure the worker never loses income.

Expense Reimbursement: Promptly pay or reimburse all legitimate injury-related costs—including medical bills, medications, rehabilitation services, and necessary travel.

Clear Communication: Keep the worker informed of all entitlements, payments made, and the status of their claim. Note that failures in communication and payment (such as the multi-million-dollar underpayments cited above by ABC undermine trust; EBNI will eliminate such errors through direct oversight.

Eliminate Underpayments: Rigorously review all payments to avoid calculation mistakes. (NSW’s insurer, for example, admitted in 2021 that errors had underpaid thousands of workers EBNI will double-check all disbursements to ensure accuracy and fairness.

5. Engagement with WHS Authorities

Collaboration: Fully cooperate with SafeWork NSW and WHS inspectors. Treat inspections and audits as constructive opportunities to improve safety.

Implement Recommendations: Act promptly on any safety improvements suggested by regulators. Rapid implementation shows genuine commitment to worker welfare.

Regular Safety Audits: Conduct systematic internal safety inspections. SafeWork NSW advises that “workplace inspections are an opportunity to identify hazards and assess risk” and “need to be carried out regularly." According to Safe Work NSW, EBNI will schedule routine walk-throughs and risk reviews (daily, weekly, or monthly as appropriate) to spot and eliminate hazards before incidents occur.

Immediate Hazard Correction: Fix serious hazards without delay. NSW law explicitly requires that any identified hazard posing imminent risk must be “fixed immediately” (safework.nsw.gov.au). EBNI ensures such fixes occur at once (for example, repairing or replacing damaged equipment on the spot).

6. Internal Oversight and Accountability

Injury Management Committee: Form an internal committee (including management, safety officers, and union/worker representatives where possible) to oversee serious injury cases and review this policy’s implementation.
Recordkeeping: Maintain detailed case files for every incident, including all reports, medical records, communications, and financial transactions related to the injury.
Case Reviews: Regularly review each injury case to verify compliance with this policy and identify any process improvements.
Policy Audits: Conduct periodic audits of the injury management system (e.g. comparing outcomes year-over-year). Use metrics like time to first aid, claim closure time, and return-to-work rates. Report findings to senior leadership.

7. Training and Awareness

Safety Training: Provide ongoing safety and hazard-awareness training to all employees (induction training plus refreshers). Topics include hazard identification, safe work procedures, and correct use of equipment.

Injury Reporting Education: Teach everyone how and when to report injuries. Ensure workers understand that prompt reporting leads to better outcomes (as research indicates), according to the National Library of Medicine.

Manager Training: Educate supervisors and managers on their responsibilities under this policy and the WHS Act—for example, on legal duties like consultation and incident notification.

Safety Culture: Encourage a culture where safety and health are openly discussed. Promote employee engagement in safety meetings, and encourage workers to share concerns without fear of reprisal.

8. Review and Continuous Improvement

Performance Monitoring: Track the effectiveness of injury management (e.g. rates of return-to-work, length of claims, worker satisfaction). Compare these to industry benchmarks or self-insured best practices.

Employee Feedback: Solicit feedback from injured workers about their experience, using surveys or interviews, to identify gaps in care or communication.

Policy Updates: Review this policy at least annually (or whenever laws or company practices change) to keep it current. Revise as needed to incorporate new regulations or lessons learned.

Continuous Learning: Integrate learnings from each incident into training and prevention efforts. Update risk assessments and controls in response to any new hazards discovered.

9. Regulatory Engagement and Positioning

Advocacy Submissions: EBNI will engage regulators and lawmakers by submitting detailed comments on proposed WHS or workers’ comp reforms. We will emphasize that any changes must protect—not erode—injured workers’ rights. For instance, legal experts have warned recent reforms could make claims for psychological injury “virtually impossible” and “drastically strip away” workers’ compensation rights. EBNI will argue against any such measures.
Public Position Statement: EBNI’s position is that funds currently channelled into insurance profits should instead flow to worker care. We will highlight evidence of system failures (e.g., union accusations of “wage theft” through insurer underpayment) to support our stance.
Self-Insurance Model: In submissions, EBNI will cite successful self-insurance practices. Self-insured organisations “bear the costs and risks of their own claims and thus have incentives to improve prevention. EBNI will present data (from sources like industry reports) showing that firms who control their claims see “faster claims” handling and better outcomes. verus.com.au. We will encourage regulators to enable flexible models that align employer incentives with worker recovery.

10. Financial Provisions and Investments

Dedicated Injury Fund: EBNI will establish a specific Workplace Injury Fund. Each year, a set percentage of company revenues (or a fixed budget line) will be allocated to this fund. This money will cover all injury-related costs (wages, medical care, rehabilitation, and legal expenses), instead of paying it out through traditional insurance premiums. This mirrors the self-insurance approach that “removes the need to purchase [external] insurance”.

Safety Investment: A portion of the fund will be earmarked for proactive safety measures (new equipment, safety gear, training programs, etc.). Self-insured employers often achieve “improved WHS performance” by investing in prevention. The Federal Safety Commission and EBNI recognizes that every dollar spent preventing injuries saves many more in future claims.

Cost Management: By eliminating insurer profit margins and overhead, EBNI expects to realize significant cost savings over time. Verus Australia notes that self-insurers gain “greater control over the management of claims” and can “reduce the overall cost” of the compensation program. EBNI will reinvest these savings into worker safety and health.

Transparency: The Workplace Injury Fund will be subject to annual review. EBNI will publish a summary of its contributions, expenditures, and savings, demonstrating accountability. This practice guarantees stakeholders that funds meant for worker recovery remain intact.

11. Sanctioning of Corrupt Entities & Positioning

EBNI acknowledges the systemic failure of external entities tasked with workers' compensation in NSW. The following organizations are identified as having caused significant harm to the health and dignity of injured workers:

Insurance & Care NSW (icare): Numerous independent reviews and public reports have revealed gross mismanagement, underpayment of claims, and prioritization of administrative profits over medical outcomes. icare’s practices have led to the suffering and financial hardship of tens of thousands of injured workers.
Employers Mutual Limited (EML): EML’s 21-day claim processing window is often ignored or exploited to delay support, leaving workers without income or care. They frequently reject or deny legitimate claims, further aggravating physical and psychological harm.
The Personal Injury Commission (PIC): The PIC, despite its mandate to resolve disputes fairly, has become complicit in reinforcing insurer-led exploitation. Injured workers have experienced hostile legal proceedings, manipulation of evidence, and procedural bias that worsen psychological trauma.
Independent Review Office: Notwithstanding its designation, the IRO has not succeeded in operating autonomously from the influences of insurers or governmental coercion. The IRO consistently disregards valid grievances and refuses to investigate systemic wrongdoing by iCare, EML, and associated organisations. Operates as a semblance of a guardian, providing a facade of scrutiny while safeguarding the interests of the very entities it is ostensibly tasked with overseeing.

12. EBNI formally sanctions and invites all equivalent organisations across Australia to join.

Due to these repeated abuses and systemic negligence, EBNI formally sanctions icare, EML, and the Personal Injury Commission and will no longer engage with or rely upon these entities in the care of its workers.
All injury management, compensation, and rehabilitation will be managed directly by EBNI, through its internal care and compensation framework.
This approach is based on ethical necessity: outsourcing to these entities has proven counterproductive and exploitative. Their involvement in any injury matter will only be considered if legally compelled—and even then, will be scrutinized and challenged on all legal and ethical grounds.
EBNI also encourages other responsible employers to join to withdraw funding and engagement from these entities until they are held accountable for their conduct and restructured to center worker dignity and health.

13. Regulatory and Public Positioning

EBNI will actively submit position papers and legal commentary to the NSW Government and WHS bodies, detailing:

The documented harm caused by EML, icare, and the PIC;
Statistical and case-based evidence of claims abuse, underpayments, and psychological harm;
The Federal Court has formally called for independent class action investigations, and the NSW SUPREME COURT has called for the restructuring and discipline of these bodies.
Support for worker-first compensation models, including direct employer-managed self-insurance and community-regulated alternatives.