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When there is an injury at work, the employer must:
- attend to the injured worker as soon as possible
- notify the insurer within 48 hours
- cooperate and participate with the insurer to develop an injury management plan for the injured worker. The insurer should contact the employer and the worker within three days of receiving notice of an injury
- implement and monitor a return to work plan for the injured worker.
Return to work program
Developing a program
Displaying the program
Shared return to work program
Standard return to work program
Suitable duties
A return to work program consists of the formal policy and procedures that an organisation must have in place to help injured workers with their recovery and return to the workplace. It outlines an organisation’s commitment to assist injured workers with accessing necessary treatment and rehabilitation, and outlines the steps to be taken to achieve a safe, timely and durable return to work.
A return to work program consists of the formal policy and procedures that an organisation must have in place to help injured workers with their recovery and return to the workplace. It outlines an organisation’s commitment to assist injured workers with accessing necessary treatment and rehabilitation, and outlines the steps to be taken to achieve a safe, timely and durable return to work.
The return to work program:
- must be consistent with the insurer’s injury management program
- must be displayed at workplaces and workers must be notified of the program
- must be provided to any worker on request.
All employers in NSW must develop a written return to work program within 12 months of becoming an employer. Failure to establish a return to work program is an offence.
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A return to work program must be developed in consultation with workers and any industrial union representing those workers.
For a Category 1 employer, that is an employer:
- with a base premium exceeding $50,000, or
- who is self insured, or
- who is insured by a specialised insurer, and who employs more than 20 workers,
a return-to-work program must be developed in accordance with the WorkCover Guidelines for employers’ return to work programs.
Category 2 employers (ie. any employer who is not a Category 1 employer) are permitted to adopt the standard return to work program prepared by WorkCover.
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- Category 1 employers: return to work programs must be displayed at the workplace and workers must be notified about the program
- Category 2 employers: return to work programs do not have to be displayed, however, workers must have access to the program or a copy of the program must be given to any worker who requests it
- failure to display a program and/or notify workers about the program is an offence that carries penalties for employers.
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A group of two or more Category 1 employers may establish and use an outsourced or shared program if those employers provide WorkCover with a copy of their return to work plan and demonstrate:
- the employers have a common interest, such as same industry or same geographical location
- the shared or outsourced arrangements will provide improvements in the provision of return to work services
- that workers will not be disadvantaged
- that the return to work coordinator has significant experience in workplace-based occupational rehabilitation.
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WorkCover has developed a standard return to work program that can be used by most small employers. After completing company details, copies of this program should be placed in locations where workers will be able to easily refer to it.
Suitable duties are short-term work duties, agreed between the employer and the injured worker, to assist the injured worker’s rehabilitation. Suitable duties must comply with a current medical certificate, and may include:
- parts of the job the worker was doing before the injury
- the same job, but on reduced hours
- different duties altogether
- duties at a different site
- training opportunities
- a combination of some or all the above.
When considering suitable duties, the following must be taken into account:
- the medical certificate – the treating doctor will list work capabilities
- the age, education and work skills of the injured worker
- where the worker lives
- the duties must be useful to the employer’s trade or business
- the duties must comply with the injury management plan
- the duties must not be demeaning or token jobs.
The employer’s return-to-work program must contain a description of how suitable duties are organised by that employer.
Failure to provide suitable duties may affect an employer in two ways:
- the cost of the claim can increase
- the Workers Compensation Commission may impose a penalty of up to $5,000.
The employer does not have to provide suitable duties if:
- the worker voluntarily resigns
- the employer terminates the worker's employment after the injury for justifiable reasons, other than the injury or fitness for work.
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