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Workers Compensation Policy - Return to Work

Section 1 - Key Information

Policy Type and Approval Body Administrative – Vice-Chancellor
Accountable Executive – Policy Chief Operating Officer
Responsible Manager – Policy Injury and Workplace Support Consultant
Review Date 3 years
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Section 2 - Purpose

(1) This Policy establishes La Trobe University’s commitment to supporting injured or ill workers with accepted workers compensation claims to safely return to work as soon as practicable, in accordance with the Victorian Workers’ Compensation legislation and WorkSafe return-to-work obligations.

(2) The Policy outlines the principles guiding the University’s approach to providing suitable duties, consulting with employees and treating practitioners, and planning and monitoring return-to-work arrangements.

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Section 3 - Scope

(3) This Policy applies to:

  1. all La Trobe University employees (continuing, fixed-term and casual);
  2. all campuses and work locations;
  3. managers and supervisors responsible for supporting injured workers; and
  4. the University’s nominated Return to Work (RTW) Coordinator.

(4) This Policy does not apply to students, unless they are also employees of the University and are paid directly by La Trobe University.

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Section 4 - Key Decisions

Key Decisions  Role
Appointment of a qualified RTW Coordinator Director, Workplace Relations and Injury Services
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Section 5 - Policy Statement

(5) La Trobe University is committed to promoting recovery, early intervention through safe and sustainable return to work practices with accepted claims for employees who experience a work-related injury or illness.

(6) The University will make all reasonable and necessary attempts to meet its obligations in accordance with the Victorian Workplace Injury Rehabilitation and Compensation Act 2013, including but not limited to the following:

  1. Where applicable, La Trobe University will ensure staff have access to clear information about:
    1. their rights and obligations;
    2. the universities legislative obligations in accordance with the Workplace Injury Rehabilitation and Compensation Act 2013;
    3. contact details for the relevant WorkSafe agent and if being utilised Occupational Rehabilitation Provider.
  2. Offering suitable or pre-injury employment:
    1. suitable employment for staff with capacity;
    2. pre-injury employment for staff who have recovered to return to the inherent requirement of their role.
  3. Planning Return to Work:
    1. gather relevant information on the staff members capacity, propose suitable duties;
    2. develop clear and current return to work arrangements including monitoring progress.
  4. Consultation, to the extent reasonable, with:
    1. the injured staff member;
    2. the certifying practitioner (with consent);
    3. relevant WorkSafe Agent;
    4. Occupational Rehabilitation Provider (if involved)
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Section 6 - Procedures

Part A - Case Management

(7) Staff must submit a Workers Compensation Injury Claim Form and/or Certificate of Capacity via email to the Injury Management mailbox (Injury.Management@latrobe.edu.au)

(8) Upon receipt of a Workers injury claim form and/or an initial Certificate of Capacity from a staff member, the Injury and Workplace Support Consultant (or nominated Occupational Rehabiliation Provider via the workers compensation insurance agent relevant other), to the extent that is reasonable to do so, will commence return to work planning for that injured staff member. This may involve:

  1. obtaining relevant information about the injured workers capacity for work;
  2. considering reasonable workplace support, aids or modifications to assist the workers return to work;
  3. assessing and proposing options for suitable or pre-injury employment;
  4. ensuring return to arrangements are developed, consulted and evidenced;
  5. engaging in consultation about the return to work of the staff member and;
  6. monitoring the progress as often as necessary to enable the staff member to return to work in employment which is consistent with the workers capacity for work;

(9) If a dispute or issue arises during any stage of the return-to-work process, the University will follow a structured, transparent and timely issue-resolution process consistent with WorkSafe requirements.

Part B - Injured Staff Rights

(10) In accordance with the Workplace Injury Rehabilitation and Compensation Act 2013, all injured staff are entitled to:

  1. be provided with return-to-work information when certificates of capacity indicate an inability to work their usual/inherent hours and/or duties;
  2. to the extent that it is reasonable for La Trobe University to do so, be provided with suitable employment if they have a current work capacity for a period of 52 weeks in accordance with the legislation;
  3. be consulted by La Trobe University and/or relevant other key party (Insurance agent/Occupational Rehabilitation Provider) in relation to their return to work; and
  4. to be provided with clear, accurate and current details of their return-to-work arrangements as part of their return to work.

Part C - Injured Workers Obligations

(11) The Workplace Injury Rehabilitation and Compensation Act 2013 also places obligations on injured staff to make reasonable efforts to get back to work. Injured workers are required to:

  1. in co-operation with La Trobe University and the Workers Compensation Insurance Agent, to make reasonable efforts to actively participate and cooperate in planning for their return to work;
  2. in co-operation with La Trobe University and the Workers Compensation Insurance Agent, to make reasonable efforts to return to work in suitable and pre-injury employment at their place of employment or if applicable another place of employment;
  3. to actively use Occupational Rehabilitation Service where provided and cooperate with the provider of that service; and
  4. to actively participate and cooperate in assessments of their capacity for work, rehabilitation progress and/or future employment prospects at the request of La Trobe University and or the workers compensation agent.

(12) If an issue about their return to work arises, to attempt to resolve the issue in consultation with their direct manager or relevant other key party (workers compensation agent, occupational rehabilitation provider or injury consultant).

(13) If a staff member does not comply with one or more of the above obligations, their weekly payments may be suspended, terminated or ceased and determined in accordance with the legislation by our agent.

(14) Additional details regarding the rights and obligations of an injured worker are available in “Information for workers, Return to Work Obligations.

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Section 7 - Definitions

(15) For the purpose of this policy and procedure:

  1. Certificate of Capacity: is the formal document/medical certificate that outlines an injured worker’s work capacity.
  2. Occupational Rehabilitation Provider: Professional or service engaged to support an injured worker’s recovery and return to work by delivering occupational rehabilitation services.
  3. RTW Coordinator: University representative appointed to coordinate RTW obligations.
  4. Suitable Employment: refers to work that an injured worker is capable of performing, based on their current work capacity, and that the employer must provide to the extent that it is reasonable to do so.
  5. WorkSafe Agent: the authorised insurance agent selected by the employer to manage workers’ compensation and return-to-work matters on behalf of WorkSafe Victoria.
  6. Workers injury claim form: refers to a claim form with 2 parts. Part A provides early notification of a claim and triggers the process for employers to complete, and agents to consider, entitlement to provisional payments. Part B is for employers to complete their details and forward to their agent to start the formal claims process. Workers must complete this form if they wish to submit an injury claim.
  7. Workplace Injury Rehabilitation and Compensation Act 2013: Legislation which governs employer registration, Workcover premiums, and the management of workplace injury compensation in Victoria.
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Section 8 - Authority and Associated Information

(16) This Policy is made under the La Trobe University Act 2009.

(17) Associated information includes:

  1. Injury Management Policy
  2. Information for workers, Return to Work Obligations