INTRODUCTION  · Web view2019. 5. 6. · body stressing including muscular stress from manual handling (of objects or students) or repetitive movement strain. mental stress including

INJURY MANAGEMENT TOOLKIT

ContentsINTRODUCTION..........................................................................................................................3

PART 1 - POSITIVE WORKPLACE CULTURE..................................................................................5

ACTPS Values..........................................................................................................................5

Developing a health, safety and wellbeing culture................................................................6

The role of the Health and Safety Representative (HSR)........................................................6

The Role of Human Resources................................................................................................7

Conflict Management.............................................................................................................7

Last modified May 2019

PART 2 - EMPLOYEE INJURY AND ILLNESS..................................................................................7

Types of injury........................................................................................................................7

Compensable and non compensable injury...........................................................................8

Reporting an injury.................................................................................................................8

Employee entitlements..........................................................................................................9

Early intervention/rehabilitation assistance..........................................................................9

Key elements of early intervention......................................................................................10

Roles and responsibilities of key stakeholders.....................................................................12

Return to work processes.....................................................................................................16

PART 3 - INJURY MANAGEMENT WITHIN THE DIRECTORATE..................................................17

Location of duties.................................................................................................................17

Return to work plan..............................................................................................................19

PART 4 – WORKERS COMPENSATION......................................................................................19

Role of Comcare...................................................................................................................19

Compensation application process......................................................................................20

Roles and responsibilities in a claim for compensation.......................................................20

Writing a Workplace Statement...........................................................................................21

PART 5 – FINANCIAL RESPONSIBILITIES IN MANAGING NON COMPENSABLE WORKPLACE ILLNESS OR INJURY...................................................................................................................24

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INTRODUCTIONOur Committment

The ACT Education Directorate is committed to ensuring safe, supportive work environments for teachers, managers, administrative and support staff in schools and in Education Suport Office. When workplace illness or injury occurs, we want to ensure the best outcomes for staff, whether or not workers’ compensation applies. We will work together to:

ensure staff are safe from preventable injury and risk to health while they are at work and review our work practices when illness or injury occurs

build capacity of principals and managers to be effective workforce managers to achieve the best outcomes for injured or ill employees through the provision of information, training, resources, expert advice and support

support ill or injured staff to make a timely and safe return to work, including rehabiiltation case management if needed

collect, maintain and disseminate injury management information and data to schools and networks to enable them to make strategic decisions to address injury and illness in the workplace.

Why does it matter

The management of injured and ill employees has a significant personal, organisational and financial cost to the ACT Education Directorate. It can result in high personal, medical, legal and rehabilitation costs to individuals, to schools and Education Support Office workplaces and to the Directorate as a whole.

The Directorate Workers Compensation Premium continues to increase each year. The highest mechanism of injury in accepted compensation claims were:

1. Falls, trips, slips2. Body stressing3. Being hit by moving objects4. Mental stress

The first three mechanisms of injury have remained fairly consistent since 2011, however psychological (mental stress) claims are increasing.

Principals and Managers have legal responsibilities to comply with the Australian Capital Territory (ACT) Work Health and Safety Act 2011 and the rehabilitation guidelines for employers issued under section 41 of the Safety, Rehabilitation and Compensation Act 1988. These responsibilities are to ensure that injured or ill employees:

are provided with safe workplaces and are treated in a fair and consistent manner have access to equipment or reasonable workplace modifications to address the principle

of reasonable adjustment

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are able to remain at work where possible, or return to their own position with normal duties and hours quickly, safely and cost effectively under an agreed and managed return to work program.

The impact of delayed response

The way we manage workplace illness and injury can make a big difference to the speed of recovery and to long-term outcomes for the employee. There is a direct link between a delay in the implementation of a return to work program and the cost of a workers’ compensation claim. Delay can result in substantially increased costs in incapacity payments, replacement and retraining costs, medical, insurance and legal costs.

The longer a principal/manager delays commencement of a return to work process, the greater the likelihood of a poor outcome for the employee. The graph below indicates the relationship between the number of days off work and the probability that the injured employee will return to work successfully. It is important to remember that early, positive contact and suportive action can dramatically influence the employees ability and confidence to return to work.

Purpose of the Toolkit

The purpose of this Toolkit is to provide practical guidance and strategies to empower Principals and Managers to effectively manage injured or ill employees within their workplace and to comply with legislative requirements.

More broadly however, the Toolkit seeks to generate a positive organisational culture by focussing on the productive benefits that returning an injured or ill employee quickly and safely to the workplace has. By responding well and early, Principals and Managers create a positive and high trust workplace culture and reduce significant financial costs associated with recruiting or retraining new people into the position.

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Number of days off work

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Where the Toolkit fits

The Toolkit provides broad advice on common workplace issues that Principals and Managers may face in managing injured and ill employees. It should be used in conjunction with the following documents and legislation:

Safety, Rehabilitation and Compensation Act 1988 Work Health and Safety Act 2011 ACT Discrimination Act 1991 Teaching Staff Enterprise Agreement Staff Enterprise Agreement The Teachers’ Code of Professional Practice The Public Sector Management Act 1994 Managing Injury and Illness in the Workplace

PART 1 - POSITIVE WORKPLACE CULTUREACTPS Values

The ACTPS employee values of Respect, Integrity, Collaboration and Innovation are enshrined in the Public Sector Management Standards. The ACTPS Values and Signature Behaviours are the bedrock upon which school vision statements are built. These values and behaviours, interpreted and expressed within schools and Education Support Office, form the foundation for management of cultures that promote health, safety and wellbeing.

Respect – in the ACTPS means treating others with the sensitivity, courtesy andunderstanding we would wish for ourselves, and recognising that everyone has somethingto offer. It means thinking ‘would I be happy if this was happening to me?’ and rests on afoundation of fundamental decency in our dealings with colleagues and clients alike.

Integrity – in the ACTPS means being apolitical, honest, dependable, and accountable inour dealings with ministers, the Parliament, the public and each other. It means recognisingachievement, not shirking uncomfortable conversations and implies a consistency in ourdealings with others.

Collaboration – in the ACTPS means actively sharing information and resources, workingtogether towards shared goals and asking ‘who else do I need to talk to to get this right?’. Itmeans actively seeking opportunities for breaking down unhealthy silos and relies ongenuine engagement with colleagues in the ACTPS and with the broader community.

Innovation – in the ACTPS means asking ‘but why?’, actively seeking out new and betterways of doing what we do (as well as better things to do), and not settling for how it hasalways been. It means empowering colleagues at all levels to raise new ideas andnecessitates sensible and thoughtful engagement with risk.

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Developing a health, safety and wellbeing culture

Senior leadership teams have a critical role to play in the development of a positive health, safety and wellbeing culture in the workplace. The term ‘safety culture’ is a term to describe an organisational culture that, at its heart, has safety, health and wellbeing as its number one priority. The vision for the organisation is that the workplace will be free of incidents/injuries and safety, health and wellbeing is integrated into every aspect of the work process.

Attitudes, both personal and organisational, affect the development of a safety culture in a workplace. The environment in which people work and the systems and processes in an organisation also influence safety culture. Therefore, each organisation needs to consider attitudes, the environment and systems in developing and nurturing a safety culture that suits the organisation and the people in it.

A number of factors are in place in organisations that have a good safety culture:

commitment at all levels health, safety and wellbeing are treated as an investment not a cost collaborative management style with open and honest communication clear vision and values fair and equal treatment of all health, safety and wellbeing is a part of continuous improvement training and development opportunities are provided for everyone a system for workplace analysis and hazard prevention and control is in place the environment in which people work is blame free achievements are recognised and celebrated and regular feedback is embedded within

daily work

Establishing and developing a safety culture is cost effective, increases productivity and efficiency and improves the organisation’s financial bottom line.

The role of the Health and Safety Representative (HSR)

Health and Safety Representatives (HSRs) play a key role in promoting a safety culture. All schools and Education Support Office locations are required to have a trained HSR.

HSRs responsibilities include but are not limited to:

representing employees, volunteers or contractors in their workplace and consulting with Principals or Managers on workplace health and safety issues

using their legislated powers to promote or ensure the health and safety of fellow employees, including

o inspecting the workplace for hazards or investigating an accident/incident o accompanying a Worksafe ACT inspector

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o investigating work health and safety complaints made by staff o consulting with staff in the workplace and representing the workplace at HSR

Network meetings.

Every employee plays a key role in developing and maintaining a safety culture by talking about issues to HSRs and senior management through existing communication structures, including:

team meetings staff meetings HSR networks individual contact and communications

The Role of Human Resources

Human Resources (HR) plays a key role in supporting worksites to develop and maintain a positive safety culture. HR Directors and Managers have additional responsibilities to enable and support leadership teams throughout the Directorate and injured workers. Key responsibilities include:

supporting and promoting established ACTPS early intervention and injury response processes

maintaining oversight of the Directorate’s injury management performance developing and implementing directorate based initiatives to enhance employee health,

safety and wellbeing.

Human Resources has a key role to play in offering advice and support to leaders, managers and injured workers.

Conflict Management

Psychological injuries, attributed to the workplace, are on the rise. While it is not possible for an organisation to be free of conflict, there are many ways to build a proactive culture at work where conflict can be resolved without absenteeism and/or injury.

The Directorate’s Respect, Equity and Diversity (RED) Framework, outlines a range of strategies to address and manage conflict within the workplace.

PART 2 - EMPLOYEE INJURY AND ILLNESSTypes of injury

There are two types of injury that occur in a workplace: physical and psychological. Psychological Injury is a form of mental illness generally associated with work-related stress and may include conditions such as depression, anxiety, adjustment disorder and post-traumatic stress disorder

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(Comcare 2008). Physical Injury is defined as damage to a person’s body in the physical sense-not limited to the extent of the injury (QLD Government, 2013).

There are various mechanisms of injury that occur in a workplace. These include:

falls, trips and slips being hit by moving objects body stressing including muscular stress from manual handling (of objects or students) or

repetitive movement strain mental stress including exposure to a traumatic event, exposure to workplace violence,

excessive work pressure and workplace harassment or bullying heat, radiation and electricity sound and pressure exposure chemicals and other substances human biological factors (bodily fluids) vehichle accidents

Compensable and non compensable injury

Compensable injury or illness is a work related injury or illness for which liability to pay compensation has been determined under the Safety, Rehabilitation and Compensation Act, 1988.

An injury or illness is considered work related if it occurs:

at work (including during an ordinary recess whilst at place of work), or while travelling on an approved work activity, or is caused or contributed to by work to a significant degree.

A non-compensable injury or illness applies to either: employees who are suffering from a serious non work related injury or illness affecting

the performance of their normal duties, or employees who have suffered a work related injury or illness who have submitted a claim

for compensation which has not yet been accepted and or declined by Comcare.

Reporting an injury

Timely reporting of an accident or incident is a legal requirement of the ACT Workplace Health and Safety Act 2011 and a policy requirement of the ACTPS. Employees who have an accident or incident in the workplace must phone HR Business Partners Case Management Team can be contacted on 6205 9149 immediately to meet early reporting requirements. A Riskman report needs to be completed and submitted online as soon possible, within 48 hours after the accident/incident.

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Principals and Managers have the additional responsibility to report notifiable accidents or incidents to Worksafe ACT on 6207 3000 immediately or as soon as possible after the event. Principals and Managers also need to notify EDU Health Safety and Wellbeing for support and instruction on 6207 0614. A Riskman report needs to be completed and submitted online as soon possible, within 48 hours after the accident/incident.

Prompt reporting of accidents and incidents enables Principals and Managers to manage health and safety risks, identify trends and provide early support and rehabilitation assistance to affected employees in a timely manner. This may include access to the Employee Assistance Program or the allocation of a Rehabilitation Case Manager.

Employee entitlements

If an employee sustains an injury or illness as a result of a workplace accident/incident, which requires time off work, the employee may apply for accrued paid personal leave in accordance with the relevant Enterprise Agreement.

If the employee has exhausted their paid leave credits, they may:

anticipate up to a maximum of 3.6 weeks paid personal leave; or apply for additional personal leave without pay; or apply for long service leave or annual leave (for theaching staff, school psychologists and

school assistants annual leave may only be accessed where the employee has accrued excess annual leave above the 20 days required for the mandatory annual leave period).

If the accident or incident has resulted in an injury or illness which has incurred costs (time off work and assessment or treatment costs), employees are entitled to complete a Worker’s Compensation Claim form. Claim kits are available from the HR Business Partners Case Management Team can be contacted on 6205 9149 or email at [email protected] . Further information on Workers Compensation is provided at Part 4 of this Toolkit.

Early intervention/rehabilitation assistance

Early intervention means assisting an employee before a symptom develops into an injury, or as soon as possible after an injury. Committment and support for early intervention from the Principal or Manager is critical to successful return to work outcomes.

By implementing an effective return to work program as soon as practicable after an injury, a Principal or Manager sends a strong message that the workplace values the employee’s contribution and sets an expectation of early return to work. If well communicated and acted upon consistently, this approach will lead to a healthier workplace culture and better outcomes for employees and employers.

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Early intervention has the following benefits:

provides a productive and supportive workplace demonstrates management commitment to the employee prevents long term absence from the workplace and the development of chronic illness reduces the adverse effects on co-workers of the injured employee improves staff confidence and morale increases management involvement in the injury management process increases the probability of return to work contains the cost of incapacity and in the long term, the compensation premium reduces the indirect costs to employers such as lost productivity, recruitment and

training costs for replacement staff

http://www.comcare.gov.au

Key elements of early intervention

Making contact with Injury Management, Chief Minister and Treasury Directorate as soon as possible for early intevention assists employees in obtaining support.

There are key elements that are needed for effective early intervention.

Clear policy and guidelines on how to respond to and support employees exhibiting early warning signs and at risk of injury or illness. This support should not be contingent upon the employee submitting a workers’ compensation claim, or a claim being accepted by Comcare.

Awareness of early warning signs - as a Principal or Manager it is important to be aware of early warning signs of employees at risk of injury or illness, particularly when related to psychological injury. These early warning signs are found at Comcare Early Warning Signs.

Early contact and ongoing communication - it is important to make early contact with the employee to offer assistance and maintain communication to keep the employee connected with their colleagues and the workplace while they are on extended leave.

Engage expert advice - engage early and expert assessment to identify employee needs. This means engaging with the Injury Liaison Officer in the Directorate, with the employee’s medical practitioner, a case manager and a rehabilitation provider (if required).

Return to work plan – the development of an agreed return to work plan enables the employee to remain within the workplace or return them to work in a timely, safe and cost efficent manner. A return to work plan, as part of a rehabilitation program is developed in consultation with the injured/ill employee, their treating medical practioner, the Principal or Manager and the Case Manager. It should be developed using appropriate expertise, such as approved rehabilitation providers, where required.

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An effective return to work program should be individualised, outcome-based and outline the steps to be followed in achieving the return to work. It should recognise the existing skills, experience and capabilities of the injured employee to enable suitable duties to be found. If necessary, it should utilise retraining and redeployment when on medical advice it is not possible for the employee to return to pre-injury duties.

Reasonable adjustment - reasonable adjustment means offering flexible workplace solutions to support the injured/ill employee’s successful return to work. This could include:

flexible working hours reduced workload providing access to professional mentoring, coaching or on the job peer support modifying tasks or the work environment a temporary location change where it has been established following medical

restrictions that they are unable to return to their current workplace.

Review and address - it is important to review and address the work related factors that the employee feels have contributed to their illness or injury.

The importance of a collaborative case management approach

An effective return to work or rehabilitation program ensures that all key stakeholders in the return to work process understand and fulfil their roles and responsibilities appropriately. When this occurs and an early intervention process is undertaken, the significant personal, organisational and financial costs of injuries and illnesses are reduced.

Employee Assistance Program (EAP)

The Employee Assistance Program (EAP) is an independent, professional counselling service for work-related or personal problems. The EAP service is available at no cost to staff and their immediate families.

ETD Employee Assistance program providers: Converage International : phone 1300 687 327 Benestar Pty LTD 1300 360 364 PeopleSense 1300 307 912 Assure 1800 808374

Next Step Program

Nextstep is a free and confidential psychological support service which offers quick and easy access to the best type of mental health support to meet your individual needs. The program has two service componants consisting of low and high intensity interventions. Next Step seeks to use the least intensive method of care first. We will work with you and together decide what

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help and support you may need. Everyone is different so we offer different levels of support to ensure that you get the best results. Phone: 6287 8066

Roles and responsibilities of key stakeholders

Injured/ill EmployeeThe injured or ill employee is required to be actively involved in their return to work. They are responsible for:

reporting an incident, injury or illness to their Principal/Manager as soon as possible after the injury or illness occurs, and complete and submit an online Riskman form within 48 hours after the accident/incident.

seeking assistance from the Employee Assistance Program (EAP)

initiating and remaining in regular contact with their Principal/Manager when unable to attend work due to illness or injury

informing their Principal/Manager of any medical restrictions affecting the performance of their duties through provision of a medical certificate

actively participating in a Fitness for Duty / Psychological / Workplace / Vocational Assessment if deemed necessary by the relevant delegate

actively participating in the development and implementation of a return to work program with their Case Manager, Principal/Manager, medical specialists and Rehabilitation Provider (if required)

actively participating with their Case Manager, Principal/Manager, medical specialists and Rehabilitation Provider (if required) in regular reviews of their medical and return to work status

advising their Principal/Manager, Case Manager and Rehabilitation Provider (if required) if they have any change in their medical status and/or personal circumstances that may impact on their rehabilitation and return to work program

where a return to work in their own position is not an option due to medical restrictions, actively applying for positions for which they are suitably qualified and which meet these restrictions

all approvals for second job need to cease or be suspended while a worker is injured and unable to work. A new application can be lodged post injury.

Principals and ManagersPrincipals and Managers are responsible for:

identifying early warning signs of employees at risk of injury or illness

managing the risk of injury or illness in the workplace through compliance with Health and Safety legislation, and through developing a healthy workplace culture

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inducting all employees regarding accident/incident reporting and early intervention processes

complying with ACT Government accident/incident reporting responsibilities and timeframes as soon as possible, but no later than 48 hours after the injury or illness occurs

timely reporting of injuries and illness and unplanned absences to the Directorate Health, Safety and Wellbeing team that require early intervention, reasonable adjustment or Fitness for Duty / Psychological / Workplace / Vocational Assessment to assist with returning an employee to work. The Directorate Health Safety and Wellbeing team will liaise with Injury Management, Chief Ministers and Treasury Directorate to have a Case Manager appointed.

if deemed in consultation with the Directorate Health Safety and Wellbeing team to be appropriate, completing a Injury Management Support Request form and providing associated documentation

maintaining confidentiality and providing encouragement and support to the injured/ill employee

making the employee aware that they and their immediate families can access counselling from the Employee Assistance Provider (EAP)

establishing and maintaining contact with the injured/ill employee on matters pertaining to the workplace while on leave

managing the performance, conduct and attendance of the injured/ill employee with consideration of their medical restrictions. The management of psychological illness/injury is often complex and may involve performance or conduct issues. Assistance and advice can be sought from the Directorate Health, Safety and Wellbeing team.

where it has been established following medical restrictions that an employee is unable to undertake their normal duties:

o making reasonable adjustment to the workplace and employee duties and being responsible for associated financial costs, outlined in Part 5

o identifying suitable duties within the workplace that align with the injured/ill employees work capacity. This includes reviewing positions in the school/section which are occupied by temporary or casual employees, and if one of these meets the medical restrictions, transferring the injured or ill employee to that position. Where this is not possible, escalate the matter to the Manager, HR People Services

discussing with the Directorate Health, Safety and Wellbeing team and Injury Management, Chief Minister and Treasury Directorate whether engaging a Rehabilitation Provider is recommended to mitigate risk around the case. A Rehabilitation Provider is a contracted allied health professional who provides services with a focus on achieving a

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vocational rehabilitation outcome (e.g. Occupational Therapist, Physiotherapist, Psychologist)

if deemed necessary, the school/workplace is responsible for the costs of engaging a Rehabilitation Provider which may include the cost of an initial Needs Assessment and the cost of a Return to Work Plan, outlined in Part 5

if the case relates to an employee who has suffered a work related injury or illness and has submitted a claim for compensation which has not yet been accepted by Comcare, these costs may be reimbursed through Comcare should the claim be accepted. It is essential that accurate records be kept on file including originals of the initial Accident and Incident Report, medical statements and receipts

managing the development of a rehabilitation and return to work plan in partnership with the employee, treating doctor and other medical specialists, Case Manager and Rehabilitation Provider (if required) to achieve safe and sustainable return to work outcomes

supporting the implementation of the agreed rehabilitation and return to work program in partnership with the Case Manager and Rehabilitation Provider (if required)

monitoring the injured/ill employees return to work, and advising the Case Manager and Rehabilitation Provider (if required) if the return to work is not successful or if the employee is not complying with the rehabilitation plan.

Directorate Health, Safety and Wellbeing TeamThe Directorate Health, Safety and Wellbeing team is the interface and central liaison point between Principals/Managers and Injury Management, Chief Minister and Treasury Directorate. The team has an important role in providing support and advice to Principals/Managers and the injured/ill employee to ensure successful return to work outcomes after an accident, injury or illness. They are responsible for:

ensuring the Directorate’s compliance with legislative, industrial and Work, Health and Safety requirements

ensuring that a framework and process are in place to identify and support employees at risk of injury or illness

promoting early intervention processes by supporting the Principal/Manager to identify and support employees at risk of injury or illness through recognition of early warning signs

providing expert advice and assistance to the injured or ill employee in regards to early intervention support services and processes for lodging a Comcare claim where appropriate

providing advice to the Principal/Manager:

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o recommendation of early intervention strategies and reasonable adjustment to workplace and/or duties to assist with returning an injured/ill employee to work

o liaison with Injury Management, CMTD to engage a Case Manager

o recommendation of Fitness for Duty / Psychological / Workplace / Vocational Assessment as advised by the Case Manager

o recommendation to engage a Rehabilitation Provider where there is risk of poor outcomes or delayed recovery in managing an injured or ill employee

referring a case to Injury Management, Chief Minister and Treasury Directorate if it becomes an accepted Comcare claim (compensable injury or illness). Noting that the case may be referred prior to this if deemed necessary

developing and implementing Directorate initiatives and programs to enhance employee health, safety and wellbeing.

HR Business Partner HR Operations TeamThe HR Operations Team has an important role in monitoring at a strategic, whole of Directorate level employees with injury or illness. This enables them to manage strategic temporary or permanent placements that benefit the injured/ill employee where it has been established following medical restrictions that they are unable to return to their current workplace. They are responsible for:

ensuring clear systems are established to enable work placement and/or redeployment in a timely manner for injured or ill employees where medical restrictions prevent them from returning to their current workplace

oversight of Directorate employees with non-compensable and compensable injuries or illness to inform strategic decision making and reporting.

Case Manager, Injury Management, Chief Minister and Treasury DirectorateCase Managers have the responsibility to ensure the effective, targeted and holistic case management and successful return to work of injured or ill employees. They are independent advisors which is critical to ensure that a case is managed with a high level of confidentiality and impartiality.

When a Principal/Manager engages the Directorate Health, Safety and Wellbeing team in supporting an employee with an illness or injury, the HR Business Partners Case Management Team will liaise with Injury Management, Chief Minister and Treasury Directorate to engage a Case Manager. This will be at no cost to the school/workplace or the ACT Education Directorate.

A Case Manager is responsible for:

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facilitating the assessment of the need for workplace rehabilitation, and where appropriate driving development and implementation of a tailored return to work program

ensuring that appropriate early case management support services are commenced as soon as possible following notification

advising on the need to engage a Rehabilitation Provider (Psychologist, Occupational Therapist, Physiotherapist). If deemed necessary, the Case Manager will engage a Rehabilitation Provider from an approved procurement panel, however the school/workplace is responsible for the costs of engaging this Provider

working with the injured or ill employee, the Principal/Manager, Directorate Health, Safety and Wellbeing team, treating medical specialists and Rehabilitation Provider (if necessary) to provide ongoing support and to ensure a shared understanding of rehabilitation goals and alignment with medical treatment

providing expert advice and assistance to the Principal/Manager regarding case management, claim and return to work strategies resulting in the development and implementation of a tailored return to work program

coordinating Fitness for Duty / Psychological / Workplace / Vocational Assessment including coordination of workplace comments and associated documentation. The school/workplace is responsible for the costs associated with these assessments

providing written/oral feedback to Principal/Manager regarding salient points and recommendations on the employees Fitness for Duty / Psychological / Workplace / Vocational Assessment within a reasonable period of time following receipt of the report/s

coordinating and monitoring rehabilitation and return to work programs, including organisation of regular case reviews in consultation with key stakeholders.

Return to work processes

Compensable Cases

Step 1The Principal/Manager becomes aware of an injury and discusses this with the employee. Ensure steps are taken to prevent further injury.

Step 2The Principal/Manager contacts the HR Business Partners Case Management Team who will provide advice and liaise with Injury Management, Chief Minister and Treasury Directorate to engage a Case Manager as early as possible.

Step 3The Case Manager decides whether an assessment for a return to work (RTW) program is required. If an assessment is required, the Case Manager follows Step 4. If an assessment is not

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required, the case manager initiates RTW planning based on medical advice and in consultation with the employee and Principal/Manager - see Step 5.

Step 4The Case Manager initiates the assessment process:

refer to an Approved Rehabilitation Provider (ARP), legally qualified medical practitioner or panel for assessment - complete the referral for rehabilitation assessment form

facilitate the completion of a suitable duties form where applicable. Please note that this may not be undertaken routinely where there is a rehabilition / return to work program in place

discuss with the doctor what work the injured employee is capable of doing coordinate the RTW process and communicate regularly with all parties.

Step 5The Case Manager decides whether a rehabilitation program is needed to assist the employee back to work. If a program is required, a return to work plan is developed to outline the steps, workplace arrangements and/or rehabilitation services to assist the injured employee to return to work quickly and safely.

When developing the RTW plan, the Case Manager may engage an ARP or develop a plan themselves. The RTW plan is formulated in consultation with the injured employee, treating doctor and other medical specialists, Principal/Manager and, if applicable, with the assistance of an ARP. The Case Manager approves the plan and ensures all stakeholders understand what is involved in the plan, are clear about their respective roles and responsibilities in achieving the plan and are provided with a copy of the RTW plan.

Step 6The case manager, ARP (if applicable) and doctor monitor and review implementation of the RTW Plan. The Principal/Manager provides support to the implementation of the return to work program in the workplace and provides feedback to the Case Manager on progress. If amendments to the plan are required ensure that a return to work plan - amendment form is completed and signed. Ensure all stakeholders are provided with a copy of the completed form.

Step 7When the employee has returned to work to pre injury duties and hours the Case Manager agrees to close the plan and all parties sign the return to work plan - closure form. The Case Manager ensures all stakeholders are provided with a copy of the completed form.

PART 3 - INJURY MANAGEMENT WITHIN THE DIRECTORATE

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Location of duties

The key to assisting an employee to achieve an early and successful return to work (or maintenance at work) is your willingness, ability and commitment to provide suitable duties within the injured employee’s capacity.Injured employees who are provided with suitable duties when they return to work are more likely to report a durable return to work.

Suitable duties should be appropriate considering the injured employee’s capacity, skills and experience and medical limitations. To provide an injured employee with suitable duties you may need to modify their pre-injury duties, locate alternative duties or enable them to work modified hours while on a return to work plan.When considering suitable duties you should follow this sequence of return to work possibilities also known as the ‘return to work hierarchy’:

same job/same employer similar job/ same employer new job/same employer same job/new employer similar job/new employer new job/new employer

When an employee has medical restrictions as a result of an accident or injury it is the practice of the Directorate to negotiate reasonable adjustment in the employees substantive location to enable them to return to work.

When medical restrictions prevent the injured employee from returning to their pre injury duties and substantive position, special staffing placements are sought. This is in negotiation with Injury Management, Chief Minister and Treasury Directorate. These placements may be funded by the employees substantive workplace, funded fully or partially by the receiving site, or be funded by the system.

Special staffing placements are of various types.

HR negotiated placement to align with medical restrictions on a temporary or ongoing basis. This includes liaison to provide reasonable adjustment, and backfill resourcing as needed, in the duties of the substantive position.

HR negotiated placement to a substantive, site funded vacant position that meets medical restrictions (if individual is at position level, this may be an Instrument of Permanent Transfer e.g. Section 83).

HR negotiated placement to a temporary, site funded, vacant position (e.g. while a selection process occurs).

HR directed placement to a system resourced position, with understanding and acceptance by the Principal/Manager that obligations exist regarding professional development to build the individual’s capacity to gain a substantive position.

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HR negotiated ‘top up’ resourcing to convert a site funded part time position to full time for a specific placement and time period.

While the intent is to achieve a sustained Directorate placement for each individual, sometimes placement is about developmental experience either within the Directorate or on an external work trial to support officers in transitioning out of teaching into a new career path. The health and wellbeing of the employee is a key focus in this process.

Temporary placement due to accident or injury is underpinned by medical guidelines. It is usually for a period of up to 10 weeks with the expectation that employees return to pre-injury duties and hours at their substantive location when they are fit to do so. Temporary placement may change if medical advice changes.

With any temporary placement, Human Resources aims to find a site funded position if the employee’s skill set aligns with the needs of the position and duties are within the medical restrictions. Principals and Managers have a system responsibility to support the return to work of employees. Injured workers are not made unattached or declared as excess officers and the transfer round is not a mechanism to transfer responsibility for an injured employee to another site.

Return to work plan

A workplace rehabilitation program should be based on the principle that the employer is best placed to facilitate the injured worker’s return to work as part of their recovery from injury or illness. Principals and Managers need to ensure that the return to work plan is consistent with medical advice, coordinated with key parties and involves an approved rehabilitation provider where necessary.

A return to work plan, as part of a rehabilitation program should:

commence as soon as possible after the employee’s injury occurs be developed in consultation with the injured employee and the treating medical

practitioner/s be individualised, outcome-based and set out the steps for achieving a successful return

to work be developed using appropriate expertise where required, such as an approved

rehabilitation provider focus on abilities not disabilities recognise the injured employee’s existing skills, experience and capabilities use retraining and redeployment as options where the injured worker is unable to return

to pre-injury duties, based on medical restrictions.

PART 4 – WORKERS COMPENSATION

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Role of Employers Mutual Limited (EML)

If an employee sustains a workplace injury or illness which incurs time off work and medical expenses, they are entitled to apply for workers compensation. The rehabilitation and compensation components of the workers compensation scheme are characterised by a 'no fault' scheme. This means that acceptance of liability by EML does not indicate fault on behalf of the injured employee or the employer.

Employers Mutual Limited provides an integrated approach to injury prevention, occupational rehabilitation and workers' compensation. It provides a benefit structure with an entitlement to compensation payments for 45 weeks at 100 per cent of normal weekly earnings, and 75 per cent thereafter. It also includes coverage of allowable medical, rehabilitation and related costs associated with the treatment of work related injury and diseases.

The workers’ compensation scheme operates under ‘no-fault’ legislation. This means that an injured employee does not have to prove negligence on the part of his or her employer for his or her claim to be successful. For a guide on how EML determines claims made under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act) visit http://www.comcare.gov.au

Compensation application process

The following procedure outlines the steps for making a compensation claim.

Step 1 - Report your injuryAn employee is required to report any accident, injury or illness to their Manager or Supervisor as soon as possible and in accordance with Directorate policy and procedures. Accidents and Incidents should be reported to the Directorate immediately by phone on 6205 9149. The employee is to complete and submit an online Riskman form which should be recieved by the Directorate within 48 hours.

Step 2 - Medical certificateAn employee is required to visit a medical provider and request a valid medical certificate that gives a precise diagnosis. A medical provider is also able to provide a medical certificate for travel costs, household and personal care services, aids, appliances and modifications and incapacity benefits.

Step 3 - Complete workers' compensation claim formAn employee can request a claim form from the HR Business Partners Case Management Team.

Step 4 - Lodge the claim form with the DirectorateThe employee is required to lodge the completed claim form and all medical certificates with the HR Business Partners Case Management Team.

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Roles and responsibilities in a claim for compensation

In addition to the roles and responsibilities outlined earlier in the Toolkit, there are additional stakeholders involved in the compensation process.

Approved Rehabilitation Provider

The role of the approved rehabiiltation provider is to:

provide expert, objective advice to the Case Manager to assist the timely, safe and durable return to work of an injured employee

engage the injured employee, treating doctor and supervisor in the development and implementation of a tailored return to work plan

actively monitor the return to work plan and communicate regularly with all parties to ensure the goals are achieved

ensure compliance with Comcare’s criteria and standards for approved rehabilitation providers.

Medical Provider

The role of the medical provider is to:

provide treatment for an injured employee and provide accurate medical assessments of their capability to return to work

provide advice on alternative duties or modifications to the workplace ensure the Case Manager or approved rehabilitation provider are informed of the injured

employee's abilities in order that tailored duties can be organised within the injured employee's capacity

monitor and support the progress of the return to work plan.

Claims Manager

The Claims Manager is the determining authority for the injured employee. Their responsibility is to:

make accurate and timely decisions on compensation claims effectively manage the injured employee's claim, including making benefit payments and

liaising with the employee and their doctor, the employer and the Case Manager.

Writing a Workplace Statement

When does an employer need to provide a statement

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A Claims Services Officer may request a statement under section 71 of the Safety, Rehabilitation and Compensation Act 1988 seeking particular information to assist with a claim.

You will generally receive no longer than two weeks to provide your statement. This timeframe ensures that Comcare can quickly determine a claim with all relevant information available. You should start preparing information in relation to the claim as early as possible.

The statement may be provided to medical practitioners to assist with their medical assessment, and will also be made available to the employee. Where possible you should make the documentation you have supplied in relation to a claim available to the employee and take them through it prior to submitting it to EML.

For a copy of the Workplace Statement form and if you require support in writing your statement contact the HR Business Partners Case Management Team can be contacted on 6205 9149.

Can I seek an extension of time to lodge the statement?

Extensions of time will only be granted in exceptional circumstances. It is in the interests of an employee and employer to determine a new claim as quickly as possible to ensure that appropriate treatment and intervention is provided. Comcare has key timeframes within which claims must be determined (20 days for injury and 60 days for disease and psychological injury claims).

There may be times that you cannot provide a statement, or information to support the statement within the required timeframe. In this case contact the HR Business Partners Case Management Team can be contacted on 6205 9149 who can negotiate an extension on your behalf.

What should I not provide?

It is not appropriate to provide the following:

personnel or HR files

comments relating to hearsay

emotive or personal opinion

opinions or comments in respect of liability

All information should be submitted in chronological order. The Directorate Human Resources branch can assist you with writing your employer statement. Please contact the HR Business Partners Case Management Team can be contacted on 6205 9149 if you would like support with this process.

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Supporting an injured employee who may be distressed by the content of an employer statement

In many cases, an injured employee is distressed by the claims determination process, particularly when they receive a statement from their employer responding to the issues raised in the claim. Comcare is obliged to provide an employer statement to an injured employee to afford natural justice.

It is your responsibility to support and manage an employee during this process. There should be no surprises to an employee and, where possible, an appropriate support staff member should meet with the employee to take them through the information provided to Comcare. This should also occur when the injured employee has separated from work.

Seeking and responding to a review

Employers Mutual Limited’s Review Team independently review certain claim determinations for employees and employers. It is not a court process or a re-investigation of the claim. Some determinations that can be reviewed are:

decisions about the time allowed for a worker to apply for compensation

decisions to accept or reject a claim for compensation

decisions to stop payment of compensation

decisions to increase or decrease weekly payment of compensation

an employer’s decisions in relation to rehabilitation of a worker.

If you do not agree with a claim determination made by EML, you can request reconsideration. A request for reconsideration can be made by either an employee or an employer and must be made within 30 days of receiving the determination.

The reconsideration decision

When all relevant information has been received by EML, the Review Officer will complete the reconsideration and issue a decision, which is known as a reviewable decision.

A reviewable decision can do the following in relation to a claim determination under review:

affirm - the determination under review does not change vary - the determination under review is changed in some way revoke - the determination under review is overturned and replaced with the reviewable

decision.

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PART 5 – FINANCIAL RESPONSIBILITIES IN MANAGING NON COMPENSABLE WORKPLACE ILLNESS OR INJURY

As the Workplace Manager, Principals and Managers are responsible for the costs associated with managing an employee with a non compensable injury or illness. Potential costs associated with this are outlined below. Please note that costs are approximate only and may vary.

Expense Approximate CostCareer transition services $220 hourly rate (GST incl.)Chiropractic $100 - $200Conflict/mediation services (outside of the scope of the 32 hours provided as part of service agreement)

$220 per hour (GST incl.)

Critical incident debriefing / traumaAssist $195 (GST incl.)EAP services outside Directorate service agreement Vary in costs Engaging a Rehabilitation Provider: Initial needs assessment Return to work plan

$1,000 -$1,500$1,500 - $2,500

Ergonomic equipment eg: Ergonomic chair Document holder Telephone Headset

$400 -$600$109$245

Fitness For Duty Assessment Medical Report

$350-$2,000 $650

Initial doctors visit when injured/ill $65-$130Massage $150Pathology work Usually bulk billedPhysio (early intervention) $100-$200Provision of training workshops $275 per hour (GST incl.) or

$2000 per day (GST incl.)Psychological Assessment $2,000-$3,200Wellbeing and performance seminars (outside of the 6 provided as part of service agreement)

$600 (GST incl.) per seminar

Workplace/Vocational Assessment $1,000Work Station Assessment $400-$600

Please contact HR Business Partners Case Management Team can be contacted on 6205 9149 or

email [email protected] if you would like further information.

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