When a worker returns to work, under the
Workers Compensation law, the employer must:
- provide an injured worker with suitable duties, unless the employer can prove it is not reasonably practicable
- have a return-to-work program, which complies with WorkCover guidelines and has been developed in consultation with the relevant Union.
Workers back at work on suitable duties
- the injured worker's treating doctor must sign off on any return to work plan
- if workers require treatment i.e. physiotherapy, etc., this should be included in the injury management plan. The worker should be given adequate time to attend treatment. Supervisors cannot request that a worker go outside of the requirements of the return-to-work plan. The worker must follow the return-to-work plan, however, if there is an issue, seek assistance from the Union or Union Representative. Workers may be entitled to make-up pay while they are back on suitable duties. The make-up pay has to take into account penalty rates and overtime.
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Suitable duties – what does this mean?
Suitable duties:
- must be consistent with the worker's medical condition i.e what they are able to physically do
- are provided when a worker is not able to return to their normal job
- must be meaningful and not demeaning
- must take into account their age and residence (i.e. where the person lives, travel time, etc)
- could include parts of the worker's usual job
- could be in a different area,
- could be a special project, for example an opportunity for an injured worker to undergo refresher training, etc
- could be with another employer
It is important to remember that suitable duties are usually temporary and designed to help the worker recover. Suitable duties are outlined in a return-to-work plan. The worker's doctor must approve the return to work plan.
Retraining
If an injured worker is not able to return to the preinjury occupation, priority must be given to utilizing existing transferable skills with the original employer and prior to looking outside at other employment options. Retraining or upskilling (e.g learning computer skills) may then be required for another job. This is organised by the rehabilitation provider or the employer’s return to work co-ordinator.
Disputes over suitable duties
Unions lobbied the NSW government to ensure that disputes where an employer has not provided suitable duties can be dealt with appropriately. The Government has established a special division in the new Workers Compensation Commission to deal with all disputes relating to suitable duties. For example, if the employer refuses to provide suitable duties, the union can lodge a dispute with the Commission. The employer must then prove that it is not reasonably practicable to provide suitable duties.
The union can also take other disputes, such as, a worker not being able to choose their own provider |
