INJURY MANAGEMENT AND WORKERS COMPENSATION POLICY INJURY MANAGEMENT AND WORKERS COMPENSATION FRAMEWORK

Transcription

1 INJURY MANAGEMENT AND WORKERS COMPENSATION POLICY INJURY MANAGEMENT AND WORKERS COMPENSATION FRAMEWORK

2 This PDF contains the following documents: Document 1: Injury Management and Workers Compensation Policy v2.0 Effective: 20 June 2017 Document 2: Injury Management and Workers Compensation Framework Effective: 20 June 2017

3 INJURY MANAGEMENT AND WORKERS' COMPENSATION POLICY EFFECTIVE: 20 JUNE 2017 VERSION: 2.0 FINAL

4 Uncontrolled when printed 2 Effective: 20 June POLICY STATEMENT The Department of Education provides assistance to injured or ill employees to facilitate their return to work as soon as practicable. POLICY RULES Principals and line managers will: consult with the employee and their medical practitioner to develop and maintain a written return to work program; make provisions, where practicable and required by medical specialist certification, for the placement of injured employees who have accepted workers compensation claims and are unable to return to their original duties; keep records of information pertaining to an accident/incident with details being kept as specific as possible; maintain appropriate confidentiality and demonstrate procedural fairness; and manage injured or ill employees in accordance with the Injury Management and Workers Compensation Framework. Guidance The Workers Compensation and Injury Management Act 1981 is the principal legislation governing workers compensation and injury management in Western Australia. Amongst other things, the Act makes provision for the: compensation of employees who suffer a work-related injury or certain dependents of those employees where the death of an employee results from such an injury; promotion of the injury management of injured employees, to return them to the fullest capacity for gainful employment; and promotion of safety measures to minimise the occurrence of injuries. All employees of the Department who are injured in the course of work may apply to receive workers compensation benefits for a compensable injury, as defined in the Workers Compensation and Injury Management Act 1981 (the Act) 2 3. Workers compensation is a no fault system except in the case of: motor vehicle accidents that occur on the journey to or from work; or proven serious and wilful misconduct; or if the employee s injury was attributable to his or her consumption of alcohol or of a drug of addiction; and or failure to use protective equipment and clothing. In these cases the employee may be ineligible for workers compensation. Stress claims wholly or predominantly arising from the exclusion provisions in the Act including, but not limited to, an employee s dismissal, retrenchment, demotion, discipline, redeployment, failure to receive a promotion or reclassification, or any expectation of these matters may not be covered by the legislation. 3 RESPONSIBILITY FOR IMPLEMENTATION AND COMPLIANCE Principals and line managers are responsible for implementation of the policy. Compliance monitoring is the responsibility of Executive Directors and Directors. Injury Management and Worker's Compensation Policy All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.

5 Uncontrolled when printed 3 Effective: 20 June SCOPE This policy applies to all employees. 5 DEFINITIONS EMPLOYEE A person employed under: part 3 of the Public Sector Management Act 1994; and or section 235 of the School Education Act 1999; and casual employees employed under contracts for service. INJURY MANAGEMENT Injury management is defined as a workplace managed process incorporating employer and medical management team, from time of injury to facilitate where practicable efficient maintenance in or return to suitable employment. It is intended to achieve the best results for a safe and durable return to work for injured employees. PROCEDURAL FAIRNESS The concept of procedural fairness is derived from the principles of natural justice. A process that demonstrates procedural fairness is one in which: decision makers act fairly and provide reasons for decisions; the person affected is given a fair hearing; all parties to a matter have an opportunity to put their case where an adverse decision or finding is made; and all relevant arguments are considered and irrelevant arguments are excluded. RETURN TO WORK PROGRAM A plan that details the agreed actions, goals and assistance required to support the injured employee to remain at work or return to their pre-injury employment. WORKERS COMPENSATION A form of insurance compensation paid to employees if they are injured at work or become ill due to their work. Workers compensation payments to employees cover their wages while they're not fit for work and may also cover medical and rehabilitation expenses for the work related injury or illness. 6 RELATED DOCUMENTS RELEVANT LEGISLATION OR AUTHORITY Workers Compensation and Injury Management Act 1981 School Education Act 1999 Occupational Safety and Health Act 1984 Equal Opportunity Act 1984 Public Sector Management Act 1994 School Education Regulations 2000 Injury Management and Worker's Compensation Policy All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.

6 Uncontrolled when printed 4 Effective: 20 June 2017 DEPARTMENT POLICIES Occupational Safety and Health Policy Equal Opportunity, Discrimination and Harassment Policy OTHER DOCUMENTS Public Sector Standards in Human Resource Management WA Public Sector Code of Ethics Retirement on Grounds of Ill Health Guidelines 7 CONTACT INFORMATION Policy manager: Policy contact officer: Director, Employee Relations Principal Consultant, Injury Management Employee Relations T: (08) E: John.Heyward@education.wa.edu.au 8 REVIEW DATE 20 June HISTORY OF CHANGES Effective date Last update date Policy version no. Ref no. Notes 2 April January D14/ Updated contact details added to policy. D13/ June D16/ Major review of policy. Endorsed by the Director General at Corporate Executive on 9 February Injury Management and Worker's Compensation Policy All policy and procedural statements contained within this document are lawful orders for the purposes of section 80(a) of the Public Sector Management Act 1994 (WA) and are therefore to be observed by all Department of Education employees.

7 WA DEPARTMENT OF EDUCATION INJURY MANAGEMENT AND WORKERS COMPENSATION FRAMEWORK INTRODUCTION The Department of Education (the Department) is committed to providing assistance to injured or ill employees to facilitate their return to work. Work can be an effective means of reducing the psychological and physical effects of injury (such as reduced self-esteem and confidence, physical de-conditioning and social isolation) as it maintains the injured employee s contribution to productivity and keeps him or her in touch with the workplace. All employees of the Department and casual staff who are injured in the course of work may apply to receive workers compensation benefits for a compensable injury. ROLE OF PRINCIPALS AND LINE MANAGERS Upon knowledge of an employee being injured or ill at work, principals and line managers should: provide first aid, if required; advise the employee to seek medical assistance, if required; provide the employee with a Workers Compensation Claim Form and a Form 5A Witness Statement, if they wish to claim compensation; complete an Employer Report Form; on receipt of the first medical certificate, note the information regarding work capacity and forward with the claim and Employer Report Form to ESB.Admin@education.wa.edu.au within three working days upon their lodgement; confirm that the relevant workers compensation forms are completed and stored so that confidentiality is maintained; and keep records of all accident/incident matters that may become the subject of a complaint, grievance or future dispute. If the line manager or principal does not agree with the circumstances of the workers compensation claim made by the employee, they should not sign the Employer Report Form but attach a statement outlining their concerns. If the medical certificate indicates that an employee will be absent from work, the line manager or principal should place them on sick leave. If the employee s sick leave is exhausted, the line manager or principal should check with the employee if they wish to utilise other leave credits until liability for the claim is determined. All forms required during the workers compensation and injury management process are available for download at the Employee Support Bureau website. Appendix A contains the Workers Compensation Claim process flowchart for consultation. Any query regarding the workers compensation process should be discussed with the relevant Workers Compensation Officer.

8 Further information on record management is available on the Department s Policies website. INJURY MANAGEMENT PROCESS The key parties in the injury management process are the injured employee, the employer and the treating medical practitioner. The injury management process may also involve RiskCover, a workplace rehabilitation provider and the union representative. The principal or line manager is responsible for supporting an injured employee s return to work. The return to work program template can be downloaded from the Employee Support Bureau website. Assistance with this process can be provided by the relevant Injury management Consultant. Return to work programs must be in writing and have the signature of the injured employee and the principal or line manager indicating that they agree with the details and goal of the program. Principals and line managers should support an injured employee s return to work by: providing the opportunity for injured employees to be involved in all decisions regarding their injury management and their workplace rehabilitation program; developing a written return to work program when an employee is fit to return to work but only on restricted duties or hours: o in consultation with the injured employee; o in consultation with injury management or rehabilitation consultants, where o required; and based on the employee s restrictions in the medical certificate or advice from the treating medical practitioner; identifying possible productive and meaningful alternative duties or make modifications to original duties for consideration by the medical practitioner; providing suitable equipment to enable the employee to safely complete their duties; confidentially storing all relevant documents, such as copies of medical certificates; and where a workplace rehabilitation provider has not been engaged, sending a copy of the return to work program to the Employee Support Bureau. The Department of Education follows the WorkCover WA s injury management model. Refer to Appendix B for a flowchart of the injury management process. When deemed necessary to optimise the return to work outcome, the Department s Injury Management Consultant will refer the injured employee, with the approval of the medical practitioner, to an accredited workplace rehabilitation provider. The injured employee will be advised by the Department s Injury Management Consultant of his or her right to select a workplace rehabilitation provider. The privacy of the injured employee should be respected. No information regarding the injured employee s injury or rehabilitation status is to be communicated without the permission of the employee. All relevant documentation, such as copies of medical certificates, are stored so that confidentiality is maintained. 2

9 ROLE OF INJURED EMPLOYEE Under the Occupational Safety and Health Act 1984, all employees have an obligation to report hazards and all incidents / accidents to their principal or line manager. An injured employee should: seek medical attention if required; and provide a medical certificate to principal or line manager where applicable. If workers compensation is being sought, the injured employee should: complete a Workers Compensation Claim Form; obtain a completed Witness Statement Forms from any witnesses to the accident or provide a brief statement of events if there are no witnesses; obtain a Workers Compensation First Medical Certificate from a medical practitioner; return completed forms with the first medical certificate to their line manager or principal; attend medical reviews and appointments with rehabilitation providers if required and obtain a progress medical certificate after each subsequent medical review; provide all subsequent workers compensation medical certificates to their line manager or principal; and participate in injury management and return to work programs. If the injured employee does not agree with their return to work program, they should first discuss the issue with their principal or line manager. If the issue cannot be resolved, contact the Injury Management Consultants for your area. Under the Workers Compensation and Injury Management Act 1981, employees on weekly workers compensation payments must notify the Department or the Department s insurer (RiskCover) in writing of their commencement of work with another employer. An employee who has been transferred from the school where the injury occurred, or is no longer at a school, forwards their medical certificate(s) directly to the Workers Compensation Unit or hands it to their current school principal or line manager for forwarding. Further information and advice on return to work programs is available from the Employee Support Bureau website or WorkCover online or by phoning CONTACT Employee Relations T: (08) DEFINITIONS Employee Support Bureau The Employee Support Bureau (ESB) is the collective name for the Workers Compensation, Injury Management and Occupational Safety and Health units. This centralised service is based in the Employee Relations Directorate of the Department. 3

10 Injury Management Injury management is defined as a workplace managed process incorporating the employer and medical management team from time of injury to facilitate where practicable, efficient and cost effective maintenance in or return to suitable employment. Injury Management Consultants Injury Management Consultants are based in the Employee Support Bureau and coordinate workplace rehabilitation services for non compensable injury and workers compensation claims. Injury Management Consultants can provide advice to employees, regions, schools and central office on injury management issues and return to work programs. RiskCover RiskCover is the insurance fund which administers the workers compensation insurance arrangements of the Department of Education. RiskCover Claims Officers work with Workers Compensation Officers and Injury Management Consultants to ensure Departmental employees workers compensation claims are managed effectively. WorkCover WA WorkCover WA is the independent government agency responsible for the administration of the workers compensation and injury management system in Western Australia. Workers Compensation Officers The Department s Workers Compensation Officers assist with the monitoring and coordination of workers compensation claims via liaison with Departmental employees, RiskCover Claims Officers, workplace rehabilitation service providers, Injury Management Consultants, and other parties in the workers compensation system. RELATED DOCUMENTS Relevant legislation or authority Workers Compensation and Injury Management Act 1981 Equal Opportunity Act 1984 Occupational Safety and Health Act 1984 Public Sector Management Act 1994 School Education Act 1999 School Education Regulations 2000 WA Public Sector Code of Ethics Related Department policies Occupational Safety and Health Policy and Procedures Staff Conduct and Discipline Policy Other documents Public Sector Standards in Human Resource Management 4

11 APPENDIX A. WORKERS COMPENSATION CLAIM FLOW CHART LODGEMENT OF CLAIM AT WORKSITE Claim forwarded to the Employee Support Bureau Forms are incomplete and employee or worksite is contacted for additional information Forms are complete FORMS FORWARDED TO RISKCOVER CLAIM IS ASSESSED Advice provided to employee and line manager that claim accepted and payments commence Advice provided to employee & line manager that additional time is required to determine liability Advice provided to employee and line manager that claim is declined Employee accepts decision DECISION DISPUTED AND RESOLUTION PROCESS FOLLOWED CONCILIATION If not resolved ARBITRATION 5

12 APPENDIX B. INJURY MANAGEMENT FLOWCHART INJURY OCCURS ADMINISTER FIRST AID INJURY/ACCIDENT REPORTED SEEK MEDICAL ASSISTANCE IF REQUIRED SUBMIT FIRST MEDICAL CERTIFICATE and a CLAIM FORM PROCEDURE FOR RETURN TO WORK DEVELOPED RETURN TO WORK If employee wishes to claim workers compensation the principal or line manager provides a Claim Form and Witness Form Note: An employee has 12 months from the date of the accident in which to lodge a claim for workers compensation. Should medical assistance not be sought straight after the incident a written report form should be completed and given to the principal or line manager. The first medical certificate may be the final certificate. Further medical examinations may occur after lodgement. There should be liaison between the employee, principal or line manager and medical practitioner. If required, rehabilitation assistance will be provided to assist the employee to return to work. Progress medical certificates indicate fitness for work and any work restrictions. 6