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Accident Compensation Act 2001

Management of the Scheme - Accredited employers

187: Accredited employers to provide entitlements

You could also call this:

"Approved workplaces must help injured workers"

If you work for an accredited employer, they have some special responsibilities if you get hurt at work. During a certain time period, your employer has to take care of your injury claim. This means they need to manage everything about your claim and give you the help you need. They also have to pay for certain things related to your injury.

Sometimes, the Accident Compensation Corporation (ACC) might agree to take over some or all of these responsibilities from your employer. They can decide how they want to do this.

If your employer stops existing or can't do what they're supposed to do, ACC will step in and take care of everything. If this happens, your employer might have to pay ACC back for the costs. If your employer can't pay their debts, the money they owe ACC for your weekly compensation is considered very important and will be paid before most other debts.

Even if the agreement between your employer and ACC ends, your employer still has to take care of any injury claims from when the agreement was active. They have to keep doing this as if the agreement was still in place.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM102441.

Topics:
Health and wellbeing > Healthcare servicesWork and jobs > Worker rightsWork and jobs > Workplace safety
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186: Corporation may be accredited employer, or

"ACC can become a special employer for its own workers"

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188: Monitoring and audit, or

"Keeping an eye on special employers to make sure they follow the rules"

Part 6Management of the Scheme
Accredited employers

187Accredited employers to provide entitlements

  1. An accredited employer must, during the claim management period concerned,—

  2. manage every work-related personal injury claim relating to injury suffered by an employee of the employer in that employer's employment during the period specified for the purpose in the accreditation agreement; and
    1. provide any entitlements, and pay the costs, specified in the accreditation agreement in relation to every such claim.

      1. Despite subsection (1), the Corporation may agree with an accredited employer to assume some or all of the employer's liability under subsection (1) on such terms and conditions as the Corporation thinks fit.

      2. If an accredited employer has ceased to exist or fails or is unable to perform its obligations under an accreditation agreement or this Act,—

      3. those obligations must be performed by the Corporation; and
        1. except to the extent otherwise provided in the accreditation agreement, the cost of doing so will constitute a debt due to the Corporation from the accredited employer; and
          1. for the purposes of any law relating to the ranking of creditors on an insolvency, receivership, or liquidation, that debt is, to the extent it represents payment of weekly compensation to an employee, to be regarded as ranking in priority next after wages or salary.

            1. The obligations of an accredited employer under, and other provisions of, an accreditation agreement in respect of any work-related personal injury claim relating to injury suffered during the period specified for the purpose in the accreditation agreement continue after the termination of the agreement as if the agreement remained in force.