Must an employer provide suitable duties to an injured worker?- Top
At the request of an injured worker, employers must provide suitable duties for an injured worker unless:
- it is not reasonably practicable to do so
- the worker voluntarily left the employment either, before or after, the commencement of the incapacity for work;
- the employer terminated the worker's employment after the injury, other than for the reason that the worker was not fit for employment as a result of the injury.
The employment an employer must provide should be both suitable employment (as defined by section 43A) and, as far as reasonably practicable, the same as or equivalent to the employment in which the worker was at the time of injury.
The duties given to an injured worker should be useful and meaningful duties, where practicable. Re-training should be offered where possible if injured workers are unable to return to their former duties.
Employers must notify their insurer if they are unable to provide suitable duties to partially unfit workers who request it. Not offering an injured worker suitable employment may impact on the cost of your workers compensation premium.
My doctor has given me a medical certificate stating 'fitness for suitable duties'. What does this mean?- Top
'Suitable duties' or 'suitable employment' means employment in work for which the worker is suited, having regard to the following:
- the nature of the worker's incapacity and pre-injury employment
- the worker's age, education, skills and work experience
- the worker's place of residence
- the details given in the medical certificate supplied by the worker
- the provisions of the employer's return-to-work program and any rehabilitation assessment of, or return-to-work plan for the worker;
- any suitable employment for which the worker has received rehabilitation training;
- the length of time the worker has been seeking suitable employment;
- any other relevant circumstances.
Where employment is provided by the worker's employer, suitable duties include duties in respect of:
- the number of hours each day or week that the worker performs work;
- the range of duties the worker performs, is suitably increased in stages (in accordance with a return-to-work plan).
Where the employer does not provide employment involving the performance of work duties, suitable training of a vocationally useful kind may be provided by:
- the employer at the workplace or elsewhere
- any other person or body under arrangements made with the employer.
but only if the employer pays an appropriate wage or salary to the worker in respect of the time the worker attends the training concerned.
However, in any such case, suitable employment does not include:
- employment that is merely of a token nature and does not involve useful work having regard to the employer's trade or business;
- employment that is demeaning in nature, having regard to the nature of the worker's incapacity and pre-injury employment; the worker's age, education, skills and work experience; and the worker's other employment prospects;
Generally, a worker is to be regarded as suitably employed if:
- the worker's employer provides the worker with, or the worker obtains, suitable employment;
- the worker has been reinstated to the worker's former employment under section 99 of the Industrial Relations Act 1996.
What happens if an employer cannot provide suitable duties to an injured worker?- Top
As the worker, you should contact the insurer and tell them your employer cannot offer suitable work. A weekly benefit will be paid to you while you are actively seeking work or undergoing approved rehabilitation training.
The insurer should tell you what you are expected to do.
You must:
- take reasonable steps to find suitable work with some other employer and if you find suitable work, you must accept it or your workers compensation benefits will be stopped;
- be willing to accept work that is within your abilities and circumstances, or;
- undertake rehabilitation and/or retraining needed to improve your chances of getting suitable work.
What is the role of the nominated treating doctor?- Top
As an injured worker, you are required to nominate a treating doctor to oversee your injury management. This will normally be your treating GP. Where you can't nominate a treating doctor, the insurer may nominate a doctor to manage your injury.
The nominated treating doctor will certify your degree of fitness, make recommendations regarding return to work, and liaise with the employer, insurer and other treating providers.
What is the role of the rehabilitation provider?- Top
A rehabilitation provider is a team of health professionals who can help you return to work.
Rehabilitation providers offer services such as:
- assessment of your needs
- education about your injury
- liaison with your employer
- advice about changing parts of your job
- programs to gradually increase your hours or duties
- information about aids and equipment
- advice about retraining
- help with finding a new job.
What is the role of the return-to-work coordinator?- Top
A return-to-work coordinator is an employee responsible for coordinating the rehabilitation efforts of the organisation in which they are employed.
The return-to-work coordinator is a fellow worker and acts as the link between all the people involved in an injured worker's rehabilitation - the injured worker, the treating doctor, the worker's supervisor, and the union.
The return-to-work coordinator (who has undertaken the WorkCover approved two-day training course) can develop a return-to-work plan for the injured worker after discussions with the worker and the worker's doctor. The return-to-work coordinator should be aware of all the jobs carried out in the business and use this information in drawing up the return-to-work plan.
In complicated cases or where specific assistance is required, the return-to-work coordinator will refer the injured worker to an independent rehabilitation provider.
What responsibilities does an employer have in relation to injury management?- Top
Injury management plans focus on early intervention.
As an employer you must:
- notify your insurer within 48 hours of becoming aware of any workplace injury;
- cooperate and participate in the establishment of an injury management plan for an injured worker;
- if a Category 1 employer, you must nominate one of your staff as the return-to-work coordinator and provide training for that person. The return-to-work coordinator is responsible for preparing the return-to-work plan in consultation with the injured worker's treating doctor, the workplace supervisor, and the injured worker;
- if you are a small business proprietor, you will usually assume the role of the return-to-work coordinator.
Note: If the return-to-work coordinator is unable to develop the return-to-work plan, they should engage the services of a rehabilitation provider.