Return To Work Policy
Employers are obliged to have a written Rehabilitation Policy to outline the organizations response to injured employees incorporating a return to work (RTW) process. This policy covers the objectives, management and responsibilities for all employees inclusive of the injured employee.
As a response to this commitment the Health and Safety Office initiates a RTW program by engaging an approved Rehabilitation Provider to prepare a RTW plan. The process is designed to formulate the best possible plan for recovery of the injured employee.
The plan is devised in consultation with the employee, the employees supervisor the universitys case manager, the approved rehabilitation provider and the employees treating doctor.
Once this plan is signed by all parties it constitutes a determination under s38 of the SRC Act. All parties to the plan are committed and the expectation is that the employee will follow that plan. The plan is aimed at returning the employee to pre injury duties as quickly and safely as possible.
The objective if the University RTW policy are to
- facilitate the quickest, safest and most cost-effective return of employees to the workplace following illness or injury
- Contain the cost of the Universitys workers compensation claims
- Clarify the rights and obligations of all parties
The extent to which these objectives are met is assessed by
- The success of the RTW case management plans
- Participation of Supervisors and Heads of Schools in the RTW process
- The movement of the departments compensation premium
- The numbers of employees who continue on long term incapacity compensation leave or are retired or invalidity grounds with compensable conditions.
The role of the Dean/Head of Discipline, Managers and Supervisors in the RTW process is paramount to the successful return to pre injury duties of a valuable employee and cooperation is mandated by legislation.
Deans/Head of Discipline, Managers and Supervisors must:-
- Advise the case manager of staff injuries/illness impacting on work or attendance
- Cooperate with the employee and the case manager on determining the RTW program including suitable duties
- Provide suitable and meaningful duties to assist in the rehabilitation of employees in consultation with all or any of the combination of the following:
- Supervisor
- Case manager
- Rehabilitation Provider
- Medical practitioner
- Employee
- Ensure cooperation in the RTW process
- Ensure the cooperation of co-workers with the RTW program
- Maintain appropriate confidentiality.
Case Manager:-
- Assess the employees need for occupational rehabilitation
- Engage, if necessary, a rehabilitation provider
- Consult with the injured employee, rehabilitation provider, supervisor and their treating medical practitioner
- Negotiate with all parties on suitable duties and appropriate modifications or additional equipment to assist with the recovery of the employee and RTW process.
- Through a consultation with the employee, their medical practitioner, rehabilitation provider and supervisor, determine the content of the RTW program, and ensure the commitment of all key people.
- Ensure the RTW program targets a return to the employees pre-injury position. (If this is not possible the Comcare sequence of option for the return to work should be followed).
- Negotiate workplace trials, placements, graduated return to work (GRTW) and redeployment, in consultation with line managers.
- Liaise with Comcare
- Process forms.
Co worker:-
Co workers can assist with particular tasks giving training where applicable or by sharing part of their work with their colleague.
We are all obliged under legislation and university policy to promote a supportive environment to assist our colleagues.
Co workers should not be subjected to increased workload, greater pressure or undue disruption to their normal work, for long periods, because of a RTW plan.
Comcare:-
Comcare is the administering authority for the Safety, Rehabilitation and Compensation (SRC) Act 1988
- Makes the decisions on whether or not to pay the employee compensation
- Is responsible for processing any payment or reimbursement of benefits on accepted claims
- Endorse and monitor RTW plans (on compensable cases)
- appropriate and authorise Rehabilitation Providers
Rehabilitation Provider (RP)
Approved rehabilitation providers are organisation or individuals who are approved by Comcare to provide rehabilitation programs under s37 of the SRC Act. They are also available to provide the initial rehabilitation assessment under s36. RPs bring professional expertise to assist the return to work of injured employees.
- A rehabilitation provider provides expert services such as assessment for suitability for rehabilitation (Initial Assessment)
- Advice on appropriate rehabilitation and the development of a GRTW plan or other return to work strategies.
- Management of return to work which includes:
- liaising with a variety of stakeholders including the employee, treating general practitioners, specialist and other practitioners, the case manager, the employees manager and supervisor, the employees colleagues in the workplace and the employees representatives;
- organising and monitoring of GRTW programs or pacing programs;
- job redesign work;
- work trials;
- on the job training;
- work conditioning;
- ergonomic assessment;
- vocational counselling;
- job search activities;
- specialised assessments; and
- injury management.
The University of Canberra preferred providers are:
| Incorporating Ergonomics |
PO Box 2607, Weston ACT 2617 Ph: 6287 4484 Fax: 6287 4025 |
| Healthework |
Unit 3, Alia House, 9-11 Napier Close, Deakin ACT 2600, Ph: 6282 4822 Fax: 6282 4646 |
| An Occupational Therapy Service |
PO Box 179, Curtin ACT 2605 Ph: 0422 169 525 |
The choice of provider is made by the Case Manager and the Employee.
Employees Right and Obligations:-
Successful RTW outcomes rely on rehabilitation being conducted in a consultative and cooperative environment. The employee has the right and the obligation to actively participate in the rehabilitation process. The employee should understand that they are obliged under the SCR Act to participate in the rehabilitation assessment and planning process.
Employees Obligations:
- Report to the employer details of any accident, injury or disease that might be related to work
- Provide the doctor or provider of treatment with an accurate description of how the injury occurred, or of the circumstances in which the condition became apparent
- Provide Comcare with information or copies of documents that Comcare considers are relevant to the claim
- Attend any medical examination arranged by Comcare
- Attend any rehabilitation assessment arranged by the case manager
- Undertake the rehabilitation program agreed to with the case manager
- Cooperate with the case manager and approved rehabilitation provider
- Report any changes in their circumstances to Comcare, rehabilitation provider and case manager.
Employee Rights:
- To request a rehabilitation assessment
- To access the employers return to work policy, and to participate in its design or change via their employee representatives
- To fully participate in decisions about the rehabilitation assessment and program
- To request copies of documents held by Comcare, and which relate to their rehabilitation programs or claim under Section 59 of the SRC Act
- To request a reconsideration by Comcare regarding decisions made either by the case manager or by Comcare
Both employee and employer have the right to appeal to the Administrative Appeals Tribunal if not satisfied with a reconsideration decision made by Comcare.
The employee must implement any professionally recommended and agreed changes to work practices, environment and home environment in an effort to minimize any exacerbation of the injury and to prevent further injury.
It is important that the RTW program is followed so that the best recovery is achieved. If however the RTW program is not followed or a rehabilitation assessment is not attended, without reasonable excuse, the employees rights to compensation under the SRC Act can be suspended until the program is recommenced.
The employee cannot claim compensation for the period of that suspension even if the suspension is lifted and the right to compensation is re-instated.
Recreational leave and flextime leave is not generally recommended if you are on a GRTW program. As your GRTW is aimed at building up an employees capacity to work, there is potential for those gains made in the program to be lost if periods of leave are taken before the program is completed. Any request for leave will be assessed by the Case Manager and the Rehabilitation Provider.
Where possible all medical practitioner visits should be made outside of work hours or during a normal work break. If you can only obtain treatment during your normal working hours you are required to take leave and are entitled to claim this leave back. However you will need to provide a medical certificate for ALL absences from work.
THE RETURN TO WORK PROCESS
The employee or supervisor/manager should notify all work related injuries/illness/disease to the Health & Safety Office as soon as particle.
Once information about an individuals work related injuries/illness/disease is received, the case manager will identify whether the employee will need assistance to return to work this can/will include employees/employers requesting help in a return to work process for non compensable injuries/illness/disease as well.
Factors to be considered are:
- Is it likely that there will be a long duration of incapacity for work (that is over 7 days)?
- Particular injury types that may affect capacity for work and/or develop into chronic disability such as:
- Stress related disorders,
- Back injuries,
- Occupational overuse syndrome,
- Soft tissue injuries.
- Multiple or serious injury
- Whether there is a high incidence of re-injury, or the employee has previously had time off work for the injury
- Recurrence of previous injury
Contacting the employee is the next step in establishing if they require assistance to return to work, explain the return to work process and your employers role and legislative responsibility. Contact with the employee should occur as soon as possible following the injury, and may be in person or by telephone.
Step three is to determine the need for a rehabilitation assessment, where a decision that a rehabilitation assessment is required, a referral is made to an approved rehabilitation provider, the case manager will advise the employee in writing of their decision. This decision can be made for non compensable injury/illness/desease as well, in consultation with the employee and their manager. The cost for the Rehabilitation Provider will be the responsibility of the employees faculty in non compensable cases.
The next step is the return to work assessment; this is done by the rehabilitation provider. An analysis of the employees pre-injury duties, consideration of suitable alternative duties, if the employee will not be able to return to their pre-injury duties in either the short or longer term and the involvement of the treating medical practitioner in the RTW process.
After the injured employees capabilities have been assessed, negotiation and implementation of the RTW plan. The plan will outline the steps to be taken to get the injured employee back to suitable work and who is responsible for the various steps and a timetable for completion of the plan. When all parties agree to the plan it is signed by all. This is taken as signifying acceptance and agreement to participate in the RTW plan.
Once the RTW plan has been signed and its implementation begun it will be monitor and reviewed. If the injured employee does not agree with the plan or requires an amendment to the plan contact the Case Manager and the Rehabilitation Provider immediately so that the necessary adjustments can be made in consultation with the treating Practitioner and rehabilitation team. Once there is an agreement to changes it is necessary that a RTW amendment will be written out and signed.
Closing the RTW plan should be made in consultation with the case manager, the approved rehabilitation provider, supervisor/manager and the employee. The RTW plan is usually closed:
- When a return to pre-injury duties or optimum level of functioning in the workplace has been achieved.
- When all parties are reasonably sure that the return to work is durable and safe.
- When the employee has either withdrawn from the program or rehabilitation is no longer appropriate.
If a RTW has not been sustained, the case manager will need to re-assess the employees circumstances and potential for employment, and develop a new RTW plan.
Confidentiality
Participant's of a RTW process should be aware of, and respect the confidentiality of information on individual RTW programs. Confidentiality will normally cover doctors certificates and other medical advice, rehabilitation assessments and RTW plans.
This information should only be exchanged amongst the participants on need to know basis.
The case manager in particular must exercise full discretion in obtaining, holding and releasing information.
The employee must sign consent to exchange information for the case manager, as an early step in the RTW process.
This policy is to be reviewed every two years.

