University WorkCover Policy
Contents:
8.5. WorkCover
8.5. WorkCover
8.5.1. Occupational Rehabilitation Program
The University will assist injured employees to remain at work or return to work at the earliest opportunity following an injury or illness. The University will do this through its Occupational Rehabilitation Program which is made up of the following:
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Injury Risk Management Program
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Return to Work Policy - 'Work Related Injury or Illness'
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Return to Work Coordinator
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Approved Occupational Rehabilitation Providers
This program was developed in consultation with the Occupational Health & Safety Committee (OH&SC). Following discussion and consultation with our workplace, the program was endorsed by the committee and senior management on 24th November, 2004 and will be updated as changes occur.
8.5.1.1. Definitions
Rehabilitation is defined as the restoration of injured employees to the fullest physical, mental, social and economic usefulness of which they are capable. It incorporates a multi-disciplinary range of skills in addition to the medical management of an injury e.g. physiotherapy, occupational therapy, psychology, ergonomics and counselling. Rehabilitation commences at the earliest possible notification of injury and continues until the employee is as fully rehabilitated as possible.
8.5.1.2. Injury Risk Management Program
The Environment Health and Safety Unit is committed to embracing Environment, Health and Safety management goals. Our primary goal is preventative action and setting standards that continually improve the EHS performance of the University.
The University will:
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Take all practicable steps to identify, assess and control any known or potential risks to employees, students and visitors.
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Encourage early reporting of any symptoms of an injury or illness related to the work undertaken.
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Investigate all incidents, accidents, injuries or near misses to identify their cause(s) and prevent them happening again.
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Comply with all our legal obligations, including notification of incidents to WorkSafe Victoria when required.
The EHS Manual utilises model procedures to implement this program.
For further information refer to the University site for Environmental, Health and Safety.
See also the Injury Risk Management Program
8.5.1.3. Return to Work Policy
The University of Melbourne will:
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Assist employees to remain at work or return to work at the earliest opportunity following an accepted work-related injury or illness as per the following policy:
Return to Work Policy
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Return to work planning will commence as soon as possible after an injury, consistent with medical advice.
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Remaining at/or early return to work following an injury is a normal expectation of the University.
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Treatment, return to work activities and any reasonable necessary occupational rehabilitation services will begin as soon as they are necessary.
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Suitable employment, including modified or alternate duties, consistent with medical opinion, will be made available to all employees at the earliest opportunity. Suitable duties means work that suits the nature of the employee's injury and current work capacity.
Return to Work Plan
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The University has an obligation under the Accident Compensation Act to provide an injured employee with an equivalent pre-injury position (if the employee no longer has incapacity) or suitable employment (if the employee has a currnet work capacity) within a 12 month period or an aggregate period up to 12 months from the time the claim is accepted or determined.
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An individual return to work plan will be established with any employee within 10 days of the claim being accepted or determined by Conciliation or Court.
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The return to work plan will be developed at the earliest opportunity, in consultation with the employee and their treating practitioners. Consultation will occur with all parties (employee, departments, Treating Doctors, RTW Co-ordinator, Rehabilitation Providers) and throughout all future reviews of the return to work plan.
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The University, subject to a joint meeting of the Return to Work Co-ordinator, the injured employee and supervisor will develop a return to work plan in writing. The return to work plan will include a description of the job, outline the medical restrictions, the hours/days to be worked, the duration of the plan and a future review date of the plan. All return to work plans are developed in consultation with employees' treating practitioners.
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Confidentiality of employee's information obtained during their return to work or while undertaking occupational rehabilitation services will be maintained.
The Victorian WorkCover Authority provides guidelines to employers and employees regarding Return to Work and a copy of the Return to Work Guide can be accessed via their website: http://www.workcover.vic.gov.au/vwa/home.nsf/pages/RTW_rehab
The University undertakes to administer the RTW Guidelines as prescribed by the VWA.
Participation in a return to work plan will not, in itself, prejudice an injured employee.
8.5.1.4. Roles and Responsibilities
Return to Work Co-ordinator
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Assist injured employees to be maintained at work wherever practicable or return to suitable employment as soon as possible if safe to do so adter injury or illness
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Develop a Return to Work Plan for an employee who has an injury or illness
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Liaise with any treating practitioners involved in employee's treatment
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Monitor progress of Return to Work Plan
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Ensure that an injured employee is referred, where appropriate to an approved Occupational Rehabilitation Provider
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Ensure confidentiality of personal information which is provided while coordinating return to work
The University's Return to Work Co-ordinator is:
Marina Harris Dip Teach, B Ed, Grad Dip Occ Hth
Marina has extensive qualifications in the area of Occupational Rehabilitation. She regularly attends relevant courses and seminars to expand her skills and uses a number of resources to assist her role e.g.: participation in focus groups, extensive networks within the medical health profession, relevant websites and the VWA.
Contact details marina.harris@unimelb.edu.au
Department Managers or Equivalent
Will assist the Return to Work Co-ordinator in developing and implementing an appropriate safe and meaningful return to work program. The program should take into account the relevant medical restrictions, monitor the injured employee's capabilities within the medical restrictions, and provide regular feedback to the Return to Work Co-ordinator on progress and any problems.
Departmental Managers should discuss with the injured employee and the Return to Work Co-ordinator; duration in work area, level of competency and attitude to work. Departmental Managers should also provide support and assistance when the injured employee returns to work and take action, where appropriate, to prevent recurrence of injury. Such actions mayinclude reasonable modification to the workplace.
Role of Supervisors
Supervisors will assist the Return to Work Co-ordinator in developing and implementing an appropriate safe and meaningful return to work program. The program should take into account the relevant medical restrictions, monitor the injured employee's capabilities within the medical restrictions, and provide regular feedback to the Return to Work Co-ordinator on progress and any problems.
Supervisors should discuss with the injured employee and the Return to Work Co-ordinator; duration in work area, level of competency and attitude to work. Supervisors will provide support and assistance when a staff member returns to work and take action, where appropriate, to prevent recurrence of injury. Such actions mayinclude reasonable modification to the workplace. They should also liaise with the General Manager, Environment Health and Safety Unit on the safety of work practices.
Training
Training in the area of occupational rehabilitation is included in training courses for supervisors and further specific information is provided during the development of specific return to work programs.
All Employees
All employees are requried to co-operate in their rehabilitation program, the agreed primary goal being return to work. failure to co-operate could jeopardise their entitlement to compensation.
All staff must attend intermittent medical examinations by Victorian WorkCover medical experts as nominated by the Unversity's Environment Health and Safety Unit. Failure to do so may result in a suspension of benefits.
8.5.1.5. Accident Make Up Pay and Leave Provisions
Make up pay is the difference between payments determined by the Victorian WorkCover legislation and the employee's usual salary. Employees with an accepted WorkCover Claim are entitled to accident make up pay for a period of 52 weeks or an aggregate period of 52 weeks from date ceased following an injury and/or illness. Make up pay ceases thereafter. For further information refer the University site http://www.unimelb.edu.au/rmo/workcover/benefits.html
Employees are entitled to standard leave provisions during their period of rehabilitation, subject to the normal approved procedures. Annual leave, sick leave and long service leave will cease to accrue after 12 months or an aggregate of 12 months.
Before the expiry date of make up pay provision (52 weeks or an aggregate period of 52 weeks) employees should seek advice on any superannuation entitlements they may have by contacting the Superannuation Officer located in Human Resources, Raymond Priestley Building.
8.5.1.6. Approved Rehabilitation Providers
External rehabilitation providers may be engaged to assist with rehabilitation of employees. Should you wish to nominate your own Rehabiliation Provider, please contact Return to Work Coordinator Marina Harris. Contact No 8344 6467 to discuss approval requirements for this provider.
The role of the Rehabilitation Provider is to :
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Provide rehabilitation to employees where appropriate; and
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Liaise with key parties e.g. treating practitioners, Return to Work Co-ordinator to assist with development of a written return to work plan.
The folliwng are approved Occupational Rehabilitation Providers used by the University of Melbourne:
HCG Resolutions
466 Malvern Road, Prahran, Vic 3181
Phone: 03 3529 6600, Fax: 03 9529 6606
Workplace Ergonomics & Rehabilitation Pty Ltd:
Knox Officer Park, 5/410 Burwood Highway, Wantirna South, Vic 3152
Phone: 03 9801 2777, Fax: 03 9801 1147
Lapeyre Consulting Service Pty Ltd
PO Box 592, Laverton, Vic 3208
Russell Professional Group
Level 3, 250 Collins Street, Melbourne, Vic 3000
Phone: 03 9663 0774, Fax: 03 9663 0775
8.5.2. Rehabilitation for Occupational Injury or Illness
8.5.2.1. Purpose
To provide effective occupational rehabilitation for injured employees with the aim of establishing a comprehensive approach to rehabilitation.
8.5.2.2. Application
This applies to all employees of the University.
8.5.2.3. Legislation
Accident Compensation Act, 1985
8.5.2.4. References
The University of Melbourne Rehabilitation Policy
Personnel Policy & Procedure Manual
8.5.2.5. Definitions
Occupational rehabilitation is defined as the restoration of injured employees from occupational ill health to the fullest physical, mental, social, vocational and economic usefulness of which they are capable. It incorporates a multi disciplinary range of skills in addition to the medical management of an injury, e.g. physiotherapy, occupational therapy, psychology, ergonomics and counselling. Occupational rehabilitation begins at the moment of injury or ill health and continues until the employee is as fully rehabilitated as possible.
8.5.2.6. Responsibilities
8.5.2.6.1. Return to Work Coordinator
Assist injured employees to be maintained at work wherever practicable or to return to suitable employment as soon as possible if safe to do so after injury or illness.
Ensures that a return to work plan including an offer of suitable work is established for every employee who has an injury that involves twenty or more days of total incapacity for work.
Liaises with any party involved in the treatment or occupational rehabilitation of an injured employee.
Monitors the progress of the return to suitable work of any injured employee with an accepted WorkCover claim and of any occupational rehabilitation services by outside consultants.
Ensures that an injured employee is referred, where appropriate to an approved occupational rehabilitation provider.
Liaises at the earliest convenience with the WorkCover Claims Officer.
Ensures the confidentiality of personal information which is provided while coordinating return to work activities, organising referrals to approved occupational rehabilitation services or in other claims management activities.
Ensures that information is transferred to all relevant staff to reduce the risk of recurrence to the injured employee or to reduce the possibility of injury to other staff members.
8.5.2.6.2. Departmental Managers
Will assist the Return to Work Coordinator in developing and implementing an appropriate safe and meaningful return to work program. The program should take account of the relevant medical restrictions, monitor the staff members capabilities with the itemised work restrictions and provide regular feedback to the co-ordinator on progress and any problems.
Departmental Managers should discuss with the staff member and the co-ordinator; duration in work area, level of competency and attitude to work. Departmental Managers should also provide support and assistance when the staff member returns to work and take action, where appropriate, to prevent recurrence of injury. Such actions may include modification to the workplace. They should also liaise with the Safety Manager on the safety of the work practices.
8.5.2.6.3. All Employees
All staff are required to co-operate in their rehabilitation program, the agreed primary goal being return to work. Failure to cooperate could jeopardise their entitlement to compensation.
All staff must attend an examination by a recognised medical expert nominated by the University, if and when requested. Failure to do so may result in a suspension of benefits.
8.5.2.7. Procedure and Guidelines
8.5.2.7.1. Alternative Suitable Employment
If, at the expiration of the make up pay period, the original employing department is unable to provide meaningful work, the Faculty or Administrative section is obliged to try to provide alternative employment.
The University, subject to a joint meeting of the Return to Work Coordinator, the rehabilitee, the supervisor and a representative of the rehabilitee if requested, will make all formal offers of suitable alternative employment in writing. The offer will include a detailed description of the job, the conditions, and the remuneration applicable. The staff member is required to sign a copy of the letter, to signify receipt and understanding of duties in the job offer. This is required if an employee is permanently incapable of ever returning to his or her previous work in any capacity. No alteration of the agreed duties will be made without prior consultation between the rehabilitation provider and/or the treating doctor and other qualified person nominated by the employee and the University's return to Work Coordinator.
8.5.2.7.2. Rehabilitation Fund
Where an injured employee is in a rehabilitation program and not capable of full time effective work, the University of Melbourne's rehabilitation fund may, on application to the WorkCover Manager, be used to pay for not more than 50% of the weekly payments to casual or part time staff employed to complete the rehabilitees work. The injured employees original employing department will pay the remaining cost. The length of the period of reimbursement will be determined on the merits of each case and will be assessed each month on receipt of a medical certificate of capacity
The rehabilitation fund is only available for University of Melbourne staff and is entirely separate from any WorkCover payments.
8.5.2.7.3. Payments and Leave
Injured or ill staff who are in hospital or at home will maintain their security of employment and continue to be paid at their normal base rate for a period of no greater than 52 weeks from their original date of cessation.
Staff members are entitled to standard leave provisions during their period of occupational rehabilitation, subject to the normal approval procedures.
If the period of incapacity exceeds the make up pay period of 52 weeks, benefits will be reduced to either 60% ( if you have a current work capacity) or 75% ( if you have no current work capacity) of your pre injury earnings. This can be determined through medical evidence provided by your treating practitioner. Annual, sick and long service leave will cease to accrue after the expiry of the make up pay period.
Injured or ill staff with an accepted WorkCover claim are entitled to make up pay for a period of no greater than 52 weeks. Make up pay is the difference between payments determined by the Accident Compensation Act, and the employees usual salary.
8.5.2.7.4. Choice of Medical Provider
Staff members may choose their own treating doctor. Treatment may also be provided by registered occupational therapists, physiotherapists, chiropractors, psychologists, acupuncturists and osteopaths.
Staff may also choose an approved occupational rehabilitation provider, and may change the provider at a later date if issues of concern have not been resolved. Approved Occupational Rehabilitation Providers are groups registered by WorkCover to employ occupational rehabilitation coordinators and other professionals who will assist staff in returning to work. Alternatively, staff may choose to use the services of the University's return to work coordinator to assist in returning to work.
8.5.2.7.5. Medical and Related Expenses
Staff whose claims have been accepted will have all reasonable medical and like expenses related to the injury paid by the University.
8.5.2.7.6. Occupational Rehabilitation Program
The Return to Work Coordinator will explain the rehabilitation system to the staff member and provide written information on the system, if requested.
Staff may choose to have another person present at any meeting regarding rehabilitation and may have access to a current copy of their rehabilitation program.
Staff should be involved in all decisions regarding their rehabilitation program and may seek advice before signing documentation.
8.5.2.7.7. Return to Work
On advice from the staff members treating practitioner that they are able to return to their pre injury duties and hours, the staff member will be placed in their former substantive classification or academic rank. When this is not possible because of the injury or incapacity, the following option will be pursued, in the listed order of priority:
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Return to modified duties and/or work station;
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Return to alternative duties with appropriate training.
8.5.3. What is WorkCover?
8.5.3.1. Purpose
To provide suitable and just compensation to an employee who has been injured at work or as a direct result of their employment.
8.5.3.2. Application
This applies to all employees of the University.
8.5.3.3. Legislation
Accident Compensation Act 1985
8.5.3.4. References
8.5.3.5. Responsibilities
8.5.3.5.1. Risk Management
To manage all WorkCover claims relating to University of Melbourne Staff in accordance with the Accident Compensation Act, 1985.
8.5.3.5.2. Head of Department
All work related injuries/illnesses are reported within the prescribed time frames using a S3 Incident report.
All WorkCover claims to be forwarded to the WorkCover Unit within 24 hours of receipt or immediately if the injury is serious.
Must ensure that they document all issues relating to an employees work performance, e.g. Work ethic, absenteeism, etc.
8.5.3.5.3. All Employees
Must report any injury they sustain whilst in the course of their employment within 30 days of becoming aware of it.
8.5.3.6. Procedure and Guidelines
HOW TO LODGE A WORKCOVER CLAIM
Claims for weekly compensation can be made by completing a WorkCover Claim for Compensation form which is available from the WorkCover Unit or Australia Post. This claim must be accompanied by a WorkCover medical certificate which is provided by your treating practitioner. The claim form and medical certificate must be sent to the WorkCover Unit within 5 days of becoming aware of your condition. If you are claiming for medical and like expenses only, a Medical Certificate is not required to be submitted with the WorkCover claim form.
HOW ARE WORKCOVER CLAIMS ASSESSED?
Once the WorkCover Unit receives your claim for compensation , you and your department will receive a letter acknowledging receipt of your claim. You may be contacted by phone to discuss any matters that require clarification. The WorkCover Unit has 28 days to assess your claim for weekly payments and 60 days for medical and like expenses claims. During this assessment period you may be requested in writing to attend a medical practitioner who is a specialist in dealing with the particular injury at hand. If there are any difficulties in attending the required medical examination, you must contact the WorkCover Unit immediately so a further date can be arranged. If you fail to attend the medical examination, your entitlement to compensation may be suspended. An interpreter can also be arranged , if required.
You may also be consulted by an insurance loss assessor to discuss the circumstances which surround your WorkCover Claim.
If your Claim for Compensation is accepted, you will receive a letter advising you of what your WorkCover entitlements are. If your Claim for Compensation is not accepted, you will receive a letter advising you on the grounds which your claim was rejected on and what your appeal rights are.
NOTICE OF INJURY
An employee must now advise the University of Melbourne of an injury that may entitle them to compensation within 30 days of becoming aware of that injury. If this injury is not reported with the prescribed time frames, their entitlement to compensation may be jeopardised.
The University of Melbourne must also now acknowledge in writing the giving of notice of an injury, when an Incident report (S3) has been received by The WorkCover Unit.
WHAT ENTITLEMENTS ARE AVAILABLE UNDER WORKCOVER?
Permanent Disability Claims. (For injuries sustained prior to 12 November 1997). This includes 'Claim for Compensation of Permanent Disability, including Hearing Loss or Pain and Suffering'
Non Economic Loss Claims. (For injuries sustained after the 12 November 1997)
Common Law. ( For injuries sustained prior to 12 November 1997 only)
( You must consult a solicitor if you wish to make a Common Law claim)
Death Claims. 'Claim for Compensation - In the Event of Death of a Worker'.
Time Lost Claims
Medical and Like Expense only Claims.
If you wish to make a claim for any of the above, please contact the WorkCover Unit on 8344 6149.
8.5.3.6.1. Definitions
WHO IS AN EMPLOYEE?
Any person who has signed a contract of employment with the University of Melbourne or receives payment for providing a service or performing a task for whom the University deducts income tax and pays a WorkCover Levy. This would normally include all full time, part time and casual staff.
WHAT IS A COMPENSABLE INJURY?
Any injury or disease which occurs whilst in the course of your employment would normally be classified as a compensable injury. Employment must always be a Significant Contributing Factor to the development of your claimed injury or condition, e.g. Lower back injury due to lifting 15kg boxes all day.
If a WorkCover Claim for Compensation relating to Stress, Anxiety and Depression is lodged with the University of Melbourne, it must be proven that reasonable action has been taken in a reasonable manner by the University of Melbourne to demote, transfer, discipline, redeploy, retrench or dismiss an employee, if liability is to be denied.