Compliance with this policy is a condition of appointment for all workers engaged to provide services on behalf of HWH.
Definitions
Average Weekly Earnings - the worker's average weekly earnings during the 12 months or part thereof preceding their workplace injury.
Claims Agent - contracted by the Corporation to provide workers' rehabilitation and compensation services to injured workers.
Corporation - iCare which administers the Return to Work Scheme.
Illness - any physical or mental ailment, disorder, defect or morbid condition, whether of sudden or gradual development.
Injury - any physical or psychological damage, including the loss, deterioration or impairment of a limb, organ or part of the body, or the disease or disfigurement of a physical, mental or sensory faculty/health.
Manager/Supervisor - the person who has the authority to influence or to direct the actions of a worker.
Rehabilitation and Return to Work Coordinator (RRTWC) - a nominated member of HWH. This role is to coordinate and focus on rehabilitation and success in return to work efforts in the workplace.
Return to Work Management System - a system of managing Return to Work claims to ensure an understanding by both management and worker of their rights and responsibilities.
Return to Work (Scheme)- administered by the Corporation, a statutory insurance program that provides New South Wales employers and their workers with personalised, face to face services and support to achieve their best possible recovery and employment outcomes in the event of a work injury.
Return to Work Specialist - employed by the Claims Agent to manage Return to Work claims by working directly with the injured worker, employer and medical practitioners to facilitate the injured worker's recovery and return to work.
Return to Work Plan (RTWP) - records and communicates the agreed goals and activities required to achieve Return to Work objectives within relevant timeframes.
SafeWork - A state regulator who is responsible for providing work health and safety, public safety and state-based industrial relations services across New South Wales including administering state industrial relations laws.
Seriously Injured Worker - worker assessed as having equal to or greater than 30% whole person impairment once they have reached maximum medical improvement. They will receive legislated support (including medical expenses and weekly payments) under the Return to Work Scheme.
Suitable employment - appropriate work for a worker, taking into consideration the nature of the worker's incapacity, their previous employment; age, education, skills and work experience. Other considerations include their place of residence, medical history in relation to their injury or illness and any rehabilitation programs provided.
Worker - a person who carries out work in any capacity for a person conducting a business or undertaking including work as an employee, contractor or subcontractor, an employee of a contractor or sub-contractor, an employee of a labour-hire company, apprentice or trainee.
Workers' Compensation - payment and redress an injured worker may claim under HWH's Workers' Compensation Insurance policy. This can be weekly payments against lost earnings, as well as reasonable medical or rehabilitation costs and other expenses.
Work-Related Injury or illness - any illness or injury suffered by the worker where work was a contributing factor. For psychological injuries, work must be identified as a significant contributing cause.
Work Capacity Certificate (WCC} - specific medical certificate for a work-related injury or illness.
Responsibilities
It is the responsibility of HWH to communicate the contents of this policy to all workers on a regular basis.
Manager, Human Resources is responsible for:
ensuring adherence to Federal and State Legislative requirements
ensuring this policy is reviewed on a periodic base and updated as required
ensuring all workers are informed and trained in the application of this policy and its procedures
ensuring HWH procedures are followed to protect the health and safety of all workers
assisting in the Return to Work process of all injured workers when practicable and without prejudice
ensuring that SafeWork NSW is immediately notified of any fatalities, serious injury or illnesses, and dangerous incidents that arise out of the conduct of HWH's business.
Managers/Supervisors are responsible for:
ensuring all their workers are informed, understand and apply the principles of this policy
providing a safe and healthy working environment
ensuring all workplace incident or injuries are reported to the RRTWC or Manager, Human Resources within twenty-four (24) hours
assisting in the Return to Work process of all injured workers and without prejudice
assisting with identifying alternative duties for an injured worker
complying with the workers RTWP (if applicable).
Workers are responsible for:
reporting workplace injuries to their Manager/ Supervisor within twenty-four (24) hours of it occurring and seeking treatment for their injury
being actively involved in their treatment and rehabilitation and undertaking work which they are medically certified fit to do
complying with the requirements of their RTWP (if applicable)
attending an examination by a doctor or workplace rehabilitation provider nominated by their Return to Work Specialist
advising their Return to Work Specialist. Of any earnings, they receive while they are in receipt of weekly payments
attending any appointments with an independent medical examiner organised by their Return to Work Specialist
assisting in the Return to Work process of any other workers when practicable and without prejudice
ensuring any workplace incidents or injuries which they witness are reported to the RRTWC or Manager, Human Resources within twenty-four (24) hours.
The RRTWC is responsible for:
the coordination of rehabilitation and return to work strategies for HWH workers
ensuring that the worker's qualifications are current
ensuring they have a knowledge and understanding of current South Australian Return to Work legislation
helping injured workers to claim for worker's compensation
assisting in the Return to Work process of all injured workers and without prejudice
reporting claims to the Claims Agent within twenty-four (24) hours or as soon as practicable
submitting claim documents to the Claims Agent within five (5) days
developing suitable duties in accordance with the injured worker's medical capacity
liaising with the treating medical practitioner, with authority from the injured worker, to gain guidelines for a RTWP to develop suitable employment schedules
monitoring the rehabilitation process to ensure all parties are committed to a successful Return to Work outcome
maintaining accurate documentation and ensure confidentiality of claims received.WHS&E Committee is responsible for:
maintaining a safe and healthy workplace and systems
assisting in the development, review and distribution of WHS policies, procedures and safe work practices
promoting safe work practices
contributing to the resolution of health, safety and environmental issues in the workplace
conducting workplace safety inspections and correcting any identified hazards.
The Corporation is responsible for; providing work injury insurance and regulating the NSW Return to Work scheme. The Corporation has overall responsibility for the scheme.
The Corporation's services and those delivered by their appointed Claims Agents are designed to aid the worker's recovery and timely return to work.
Claims Agent is responsible for;
the day to day management of the claim; this includes:
contacting the injured worker to confirm details of their injury and medical treatment
meeting with the injured worker within seven (7) days of receiving their claim where appropriate
assisting in the Return to Work process of all workers and without prejudice
determining if a claim is eligible for compensation
managing the claim for compensation
providing advice to workers and employers on rehabilitation and compensation
managing and coordinating the worker's rehabilitation and return to work
providing advice to employers on health and safety in the workplace.
Policy
If a worker sustains a work-related injury or work-related illness, HWH will provide an effective system of rehabilitation and support to enable the worker to remain at work or to facilitate an early return to work once they are certified medically fit. All workers are entitled to lodge a claim for compensation if an injury or illness is work-related.
HWH ensures all workers are aware of their rights and responsibilities should they suffer a work-related injury or illness. Workers are provided with information in relation to the Return to Work process during their induction and through ongoing training. HWH operates a "no blame, no-shame" system and all workers will be dealt with in a fair and equitable manner.
Weekly payments Weekly payments are the payments made to compensate for the loss of income for an injured worker. The amount of these weekly payments is based on the worker's average weekly earnings (AWE).
The AWE figure is calculated by the Claims Agent based on the earnings information supplied by the worker and the employer. Weekly payments are made at a rate equal to a worker's AWE with their pre-injury employer(s) during the twelve (12) months or part thereof before their injury. This average weekly sum is the amount paid under the Return to Work Scheme for up to fifty-two (52) weeks. After that time there is a reduction in payments to 80% of AWE.
After one hundred and four (104) weeks there is no further entitlement to weekly payments and payments will cease, except in the case of legislated support for seriously injured workers. When calculating a worker's AWE, their ordinary rate of pay per week is considered. In some cases, regular shift penalties, overtime, allowances and prescribed non-cash benefits (such as private use of a work motor vehicle) are taken into consideration.
If a worker is partially incapacitated for work and therefore able to work part-time, they will receive payment for the hours worked supplemented by compensation payments up to the AWE. Worker's compensation payments will be paid in the fortnightly pay cycle by HWH. There will be no special payments outside of the pay cycle.
The payment of income maintenance by HWH will not commence without a written determination issued by the Claims Agent stating the amount to be paid. HWH does not take any responsibility for late determinations, which may delay the payment process. Once a determination letter is received by HWH, payment will be made in the next payroll run.
Interim Benefits The Claims Agent undertakes an investigation prior to formal acceptance of the Return to Work claim. Where the investigation takes more than ten (10) days, the Claims Agent may apply for interim benefits. The Corporation may authorise payment of income and medical costs while waiting for the claim to be formally determined. HWH must receive the decision of accepting a claim under Interim Benefits from the Claims Agent in writing prior to commencing payment of income maintenance. The injured worker must confirm that they wish to receive interim benefits and acknowledge that they are responsible for the reimbursement of these costs if the claim is not accepted.
Notifiable Work-Related Injury
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View full-sizeDownload HWH must immediately notify SafeWork NSW of any fatalities, serious injuries and illnesses, and dangerous incidents that arise out of the conduct of HWH's business.
The following are required to be immediately notified to SafeWork NSW:
a work-related death
an injury that:
requires admission to hospital as an inpatient or immediate treatment for any condition or a prescribed serious illness listed on the notifiable incident report form
requires medical treatment within forty-eight (48) hours of exposure to a substance is the result of a dangerous incident.
Examples of dangerous incidents include:
the collapse, overturning, failure or malfunction of plant that is required to be authorised for use by the regulations
the collapse or partial collapse of a structure
an electrical shock
an uncontrolled implosion, explosion, fire or escape of gas, steam or other aerosol substance.
The notification to SafeWork NSW must be by the fastest available means and can be made by phone or in writing. If the notification is by phone, this must be followed up in writing within forty-eight (48) hours.
You must call Safework NSW (no matter the day or time) on 13 10 50 if a death, dangerous incident or serious illness or injury occurs.
When a worker notifies HWH that they have sustained an injury in the workplace, they will be advised to seek medical assistance immediately. If the injury is severe or the worker is unable to transport themselves to a medical facility, transport will be arranged for the worker. The worker is required to complete an Incident Report and provide a Work Capacity Certificate (WCC) for a claim to be lodged with the Claims Agent. If the worker is unable to complete the required paperwork, this will be done on their behalf by the Supervisor/Manager or the RRTWC.
HWH aims to return injured workers to their pre-injury role as soon as possible; however, the worker must be certified medically fit to do so. During recovery, their medical practitioner may certify them fit to undertake restricted duties that are different from pre-injury duties; in this circumstance, HWH will look to place the worker in suitable alternative duties.
At times, it may be deemed appropriate to create an RTWP for an injured worker. This allows for the monitoring and review of goals and activities; this plan will be created by a Return to Work Specialist, RRTWC, a Return to Work service provider or an early intervention Return to Work Consultant.
Related Legislation
Privacy Act 1988
Return to Work Act 2014
Work, Health and Safety Act 2012
Work, Health and Safety Regulations 2012
Supporting HWH Documentation
Capacity for Work Form
Confidentiality Policy
Implementing Suitable Modified Duties Standard Operating Procedures
Incident/Concern Report Form
Lodging a Return to Work Claim Standard Operating Procedures
Reporting Work-Related Injury Standard Operating Procedures
Return to Work Induction Checklist
Unable to Return to Pre-Injury Duties Standard Operating Procedures
Work, Health and Safety Management System Policy
Breaches of This Policy
A breach of this policy is grounds for disciplinary action, up to and including termination of employment. Ignorance of these procedures will not generally be accepted as an excuse for non-compliance. Only in· extreme circumstances and where such ignorance can be demonstrated to have occurred through no fault of the individual concerned will HWH accept such an argument.
Distribution and Review
HWH will ensure all persons engaged to provide services either paid or unpaid will be aware of this policy and will have easy access to it in an appropriate format. All policies are to be reviewed on a periodic basis or when legislation or Government Policy determines.
