Return to Work Planning (Compensable and non-work related injuries) – Questions, Tips, and Initial Advice

Return to Work Planning (Compensable and non-work related injuries) – Questions, Tips, and Initial Advice

Return to Work Planning – Questions, Tips, and Initial Advice

Summary

Return to work planning supports employees recovering from injury or illness to safely resume work. In the case of a work-related injury, employers should provide suitable duties aligned with medical restrictions and facilitate a gradual transition back to pre-injury duties. Disputes often involve suitability of duties or employer compliance with RTW plans and their creation.

Questions

  • Current medical capacity and restrictions; certificate dates.
  • Proposed duties/hours; location; supervision/support required.
  • Has a RTW plan been drafted and agreed? Was this done in consultation with the member as required.
  • Any barriers (transport, equipment, pain, fatigue)?
  • Has the member been referred to a rehab provider?

Preliminary Advice

  • Align duties strictly with medical restrictions and review regularly.
  • Do not complete any work that does not align with the restrictions as this could hinder the workers compensation claim and risk further injury.
  • Member to be honest with doctor about their capacity to ensure the goal of returning to work can be met.
  • Member should be referred to a recommended rehab provider through the solicitor. They will me the members main point of contact in relation to the RTW process.
  • Member to speak with solicitor about any payment issues that arise during a gradual RTW.

Thing to Remember

  • The Workers Compensation legislation requires employers to provide suitable duties to an employee injured at work, and this requirement exists even when liability is being disputed.
  • Return to Work disputes are now considered an 'Industrial Matter' and can be disputed through the Industrial Relations Commission so be ready to speak with your IO if the employer is not complying with their obligations.
  • The focus of a RTW plan is to reintegrate safely into the workplace, not rush back as soon as possible.
  • The members medical advice will be the driving force behind any RTW plan - it is important that they are on board and supportive of the member.
  • In situations where the Nominated Treating Doctor (NTD) does not support the member appropriately e.g. will not fill out Certificate of Capacity appropriately, advise them to see another doctor.

Escalation/Referral.

  • Industrial Officer:  Where employer refuses suitable duties or withdraws them or where there is a dispute about the RTW process being followed e.g. not consulting with the member and including them.
  • Do a legal referral as soon as possible and have member referred to a rehab provider to support with the RTW planning process.

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