Introduction

The University is committed to reducing to a minimum the incidence and severity of injury and disease by providing a safe and healthy work and study environment for its staff and students. Nevertheless, it is recognised that some instances of injury or disease may still occur.

The University will, as far as is reasonably practicable, provide rehabilitation to injured staff members to facilitate their safe and timely return to work. Where Comcare accepts liability it will authorise the university to pay compensation in the form of appropriate salary, medical and out-of-pocket expenses related to the work injury or disease.

For a successful outcome to occur both rehabilitation and to a lesser extent workers' compensation will require the support of all levels of management, colleagues, unions, medical/health practitioners, Comcare Australia and rehabilitation providers.

Claims Process

Workers' compensation and rehabilitation claims are to be initiated by the claimant and made through the Health and Safety Unit. The Health and Safety Unit will administer all aspects of workers' compensation and rehabilitation on behalf of the University under the terms of the Safety, Rehabilitation and Compensation Act 1988, complemented by the relevant Occupational Health and Safety Act and subordinate Codes of Practice.

If the claimant's injury or disease has developed over a longer period of time a supervisor's report and witness statements are required. Claimants have the right, if they wish, to choose their own medical practitioner and they may also ask their health and safety representative and/or unions for assistance in understanding and participating in the compensation and rehabilitation process.

The Health and Safety Unit's role in relation to compensation and rehabilitation involves accident investigation and prevention activities, health promotion, injury notification, compensation and rehabilitation claim-processing. It will provide to the claimant prescribed Comcare forms and appropriate brochures together with University proforma memoranda and checklists, and advise on the proper compilation of the compensation claim. It will ensure that the documents are correctly completed and forwarded to Comcare within required time-frames.

Liability Considerations and Appeals

The University is required to advise Comcare whether or not it believes that liability for the claim should be accepted. While the Health and Safety Unit will respond to routine claims, some of the more complex claims may be undertaken under the authority of the Director, Human Resources or the Deputy Vice-Chancellor. Regardless of whether or not the University supports the claim, the claimant will be notified in writing by the Health and Safety Unit of the University's recommendation.

The claimant, as well as the University as the employer, have 30 days in which to lodge a reconsideration of a decision by Comcare. This request can be on any aspect, decision or determination regarding the claim and not simply on the liability issue. The reconsideration is then reviewed by an Independent Review Officer within Comcare Australia. If either party is not satisfied with the decision an application can be made to the Administrative Appeals Tribunal (AAT) within 60 days.

Compensation Benefits

Compensation benefits available include Normal Weekly Earnings (NWE) for the first 45 weeks if needed, minus any income that is able to be earned. After 45 weeks the NWE drops to 75% of salary. If the staff member is on a graduated return-to-work program the percentage salary increases according to a scale based on the amount of time worked.

Compensation Leave

Compensation leave is the term used for time off work for an injury or disease suffered in the course of work. While on compensation leave, long service leave accrues normally, sick and recreation leave accrues normally for the first 45 weeks but after that it accrues proportionally to the hours worked. If time off work is required then sick leave must be used pending a determination by Comcare on liability for the claim. If the claim is successful sick leave will be re-credited.

Compensation Expenses

Reasonable medical and associated travel, accommodation and household service expenses may be claimed as well as costs of alterations to the place of work, residence or vehicle, especially in conjunction with a rehabilitation program.

Rehabilitation

Any rehabilitation program will be a workplace-based, structured series of planned activities designed to facilitate an effective and safe return to work. It will occur as soon as possible after the injury, particularly in any of the following circumstances:

• a medical certificate indicates a referral for rehabilitation, or authorises a period of time off work for 10 days or more, or is a recurrence of a previous work injury; or
• claims such as those developed over a period of time. eg, overuse syndrome, stress and asbestosis; or
• altered body image. eg, amputation, severe burns or any injury resulting in disfigurement.

If rehabilitation is required the Health and Safety Unit will assign a rehabilitation provider, consult with the injured staff member and his or her health practitioners, negotiate with managers and supervisors on suitable and meaningful duties consistent with medical advice, coordinate and approve return to work programs, liaise with Comcare and others and organise support for the staff member as appropriate.

Confidentiality

Information relating to the claim is confidential and will only be used for compensation, rehabilitation and health and safety purposes or for other circumstances permitted by the Privacy Act 1988.