Human Resources > Obligations to injured Workers - Policy and Procedure
Authorised by Chief Executive Officer
Revised Date: 30 September 2024
Return to Work information for injured employees
Kyeema Support Services (Inc.) Kyeema's return to work responsibilities will comply with the Workplace Injury Rehabilitation & Compensation Act 2013 (WIRC Act) with the focus on achieving successful return to work outcomes for both workers and employers.
The WIRC Act replaces the Accident Compensation Solution Act 1985 and the Accident Compensation (Workcover Insurance) Act 1993.
Provide suitable or pre-injury employment
If an injured worker has a current work capacity but cannot yet return to their pre-injury role, the employer needs to provide the worker, to the extent that it is reasonable, suitable employment that is consistent with their capacity. When the worker is able to get back to their normal job and hours, the employer needs to provide the worker with their pre-injury or equivalent role.
This obligation commences when the workplace:
•first receives the worker’s WorkSafe Certificate of Capacity, or
•receives a worker’s claim for weekly payments, or
•are advised by their WorkSafe Agent that they have received either of these documents from a worker.
Planning a worker’s return to work
An employer must start planning a worker’s return to work, to the extent that it is reasonable to do so, as soon as they:
•First receive a worker’s WorkSafe Certificate of Capacity; or
•Receive a worker’s claim for weekly payments, or
•Are advised by their Agent that they have received either of these documents from a worker.
Planning is a continuous process. As a worker gets better, the type of work they can do will change. Continuous planning ensures that return to work arrangements that are in place remain consistent with the worker’s capacity for work.
Planning a worker’s return to work includes:
•Obtaining relevant information about the worker’s capacity for work
•Assessing and proposing options for suitable employment
•Considering reasonable workplace support, aids or modification to assist in the worker's return work
•Engaging in consultation about the worker’s return to work
•Providing the worker with clear and accurate and current details of their return to work arrangements
•Monitoring the worker’s progress.
Consult about a worker’s return to work
An employer must, to the extent that it is reasonable to do so, consult with the following people during the return to work process:
•The injured worker
•The worker’s doctor or healthcare provider (subject to the consent of the worker)
•Where involved, an occupational rehabilitation provider engaged under the Act
Consulting includes
•Sharing information about the worker’s return to work
•Providing a reasonable opportunity for the person being consulted to consider and express their views
•Taking those views into account.
Your return to work rights and obligations and how you can get further information about these
Similar to employers, workers must make reasonable efforts to comply with their return to work obligations. If workers do not comply with these obligations, their entitlement to compensation may be reviewed.
The key obligations of an injured worker are to:
•Make reasonable efforts to return to work with their employer or another employer
•Make reasonable efforts to actively participate and cooperate in planning for return to work
•Actively use an occupational rehabilitation service when required and cooperate with the provider of that service
•Actively participate and cooperate in assessments of their capacity for work,
•Rehabilitation progress or future employment prospects
•Actively participate and cooperate with the Agent in an interview to enhance
•Their opportunities to return to work, if requested to do so.
The key rights of an injured worker are to:
•Choose their doctor or healthcare provider
•Choose an occupational rehabilitation provider from the list of three providers (when this service is required)
•Be represented, assisted and supported in the return to work process. This person can be a family member, friend, colleague or union representative. They may assist the worker during any consultation however cannot meet their obligations for them.
•Be provided with suitable or pre-injury employment after a workplace injury
•Privacy of their confidential information
•Appeal decisions made regarding their claim.
Further information can be obtained from Gallagher Bassett, and from the WorkSafe Victoria website www.worksafe.vic.gov.au.
The name and contact details of our WorkSafe Agent
Gallagher Bassett
Locked Bag 3570
GPO Melbourne 3001
1800 774 377 and 03 9297 9000
Return to Work Coordinator: Human Resources Officer or Finance Manager
The procedure for resolving return-to-work issues in the workplace
Return to work issues
The Return-to-Work Issues Resolution procedure may be used to resolve return to work issues, including but not limited to where the:
•Employer unreasonably delays or refuses to plan an injured worker’s return to work
•Employer inadequately plans an injured worker’s return to work
•Injured worker does not agree with the employer’s proposed suitable employment and/or return to work arrangements
•Employer refuses to offer the injured worker pre-injury or suitable employment
•Employer refuses to provide or provides inadequate return to work related documentation to an injured worker
•An injured worker’s Return to Work Coordinator is not appointed within the required timeframe
•The Return-to-Work Coordinator is not considered to have adequately performed their functions
•Employer breaches the confidentiality of an injured worker’s personal information as it relates to return to work
•Employer refuses to consult or consults inadequately with other parties about the return to work of an injured worker
Kyeema Support Services uses the WorkSafe Victoria resolution procedure if any issues arise.
References: WorkSafe Victoria website https://www.worksafe.vic.gov.au
Return to Work Coordination WorkSafe Victoria
Steps to resolving return to work issues. WorkSafe Victoria
Workplace Injury Rehabilitation & Compensation Act 2013
http://www.vwa.vic.gov.au/laws-and-regulations/accident-compensation