| Approving Authority: | Pro Vice Chancellor (Administration) |
| Approval Date: | August 2009 |
| Approved Document No: | 2009/0005272 (Revised 2006/0004155) |
| Review Date: | 2012 |
|
Policy Adviser: |
Description of the Procedures:
This document outlines Griffith University's commitment to ensuring provision of workers' compensation for staff members who sustain work-related injury/illness.
Related Policies, Procedures & Forms:
Griffith University Health and Safety Policy
Reporting
and Recording of Work-Caused Injury, Illness, and Dangerous Events Procedures
Workplace Rehabilitation Policy and Procedures
Staff Counselling Services Policy
Inclusive Practices for People with Disabilities Policy
Griffith University Privacy Plan
Workers'
Compensation and Rehabilitation Act 2003 (as amended 7/2009)
Workers' Compensation and Rehabilitation Regulation 2003 (as amended 7/2009)
Workplace Health and Safety Act 1995 (as amended 6/2009)
Workplace Health and Safety Regulation 2008 (as amended 7/2009)
Privacy Act 1988 and Privacy Amendment (Private Sector) Act 2000
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[Introduction] [Scope] [Responsibilities of the University] [Responsibilities of the Staff Member] [Workers' Compensation Insurance Policy] [Applying for Workers' Compensation] [Assessment of Workers' Compensation Applications] [Workers' Compensation Benefits for Accepted Claims] [Workplace Rehabilitation] [Confidentiality] [Notification of Return to Work] [Claim Closure] [Delegated Authorities]
The University is committed to ensuring staff members' health and safety in the workplace. However, staff members who sustain work-related injury/illness are entitled to workers' compensation benefits, in accordance with the Workers' Compensation and Rehabilitation Act 2003. Workers' compensation provides benefits to staff members sustaining injury or illness in the course of their employment, or their dependants where the injury results in the staff member's death. Benefits may include fair and appropriate costs of medical treatment, weekly payments and rehabilitation.
The aim of these procedures is to ensure:
· staff members who sustain work-related injury/illness have access to workers' compensation benefits;
· workers' compensation applications and claims are effectively administered;
· workers' compensation applications and claims administration processes are coordinated with workplace rehabilitation practices;
· confidentiality of workers' compensation and rehabilitation information is maintained.
These procedures apply to 'workers', as defined by the Workers' Compensation and Rehabilitation Act 2003, employed under a contract of service within the University.
The University is obliged to:
· maintain a workers' compensation insurance policy;
· report workplace
incidents and work-related injury/illness in accordance with legislation and the University's Reporting/Recording of Work-Caused Injury, Illness and Dangerous Events Procedures;
· facilitate staff members' applications for workers compensation, if the staff member chooses to apply, in accordance with the Workers' Compensation and Rehabilitation Act 2003;
· effectively administer workers' compensation claims in consultation with the insurer;
· provide workplace rehabilitation following work-related injury/illness in accordance with the Workers' Compensation and Rehabilitation Act 2003 and the University's Workplace Rehabilitation Policy and Procedures;
· ensure all information pertaining to the claim is treated with respect to privacy and confidentiality, in accordance with legislation and the University's Privacy Plan.
Staff members who sustain a work-related injury/illness will:
· report the incident/injury in accordance with legislation and the University's Reporting/Recording of Work-Caused Injury, Illness and Dangerous Events Procedures;
· follow the University's Workers' Compensation Procedures if they are applying for workers' compensation;
· participate in workplace rehabilitation in accordance with legislation and the University's Workplace Rehabilitation Policy and Procedures.
The University maintains a workers' compensation insurance policy with WorkCover Queensland. The policy ensures staff members have access to workers' compensation if they sustain an injury/illness, where their employment was a 'significant contributing factor'.
The injured/ill staff member will:
· notify their supervisor of the injury/illness;
· seek first aid or medical treatment;
· complete an Incident/Injury Report Form in accordance with the Reporting and Recording of Work-Caused Injury, Illness and Dangerous Events Procedures.
If the staff member wishes to apply for workers' compensation they should notify their supervisor of their intention and:
· contact the group/element's Human Resource Adviser or Rehabilitation and Return to Work Coordinator for information regarding the workers' compensation application process;
· obtain a workers' compensation medical certificate from their treating doctor;
· lodge a workers' compensation claim with WorkCover Queensland: directly from the treating doctor's surgery, or over the phone, or by forwarding a Claim Form online, by fax or mail to WorkCover Queensland;
· provide copies of all forms, including the Workers' Compensation Medical Certificate, and any medical accounts to the Human Resource Adviser, where required;
· maintain contact with their supervisor/manager regarding progress of the claim and recovery;
· participate in workplace rehabilitation approved by the treating medical practitioner, and maintain contact with the Rehabilitation and Return to Work Coordinator;
· submit further medical certificates/leave forms to the Rehabilitation and Return to Work Coordinator;
· continue participation in performance management processes as appropriate.
The staff member's supervisor/manager will:
· where possible, ensure the staff member seeks necessary treatment;
· notify the Human Resource Adviser and Rehabilitation and Return to Work Coordinator as soon as possible;
· ensure completion of an Incident/Injury Report Form in accordance with the Reporting and Recording of Work-Caused Injury, Illness and Dangerous Events Procedures;
· in consultation with the Human Resource Adviser, ensure completion of the Claim Form;
· ensure all forms or copies associated with the application are forwarded to the Human Resource Adviser.
· maintain contact with the staff member regarding progress of the claim and recovery;
· ensure the staff member submits further medical certificates/leave forms received to the Rehabilitation and Return to Work Coordinator;
· ensure workplace rehabilitation and suitable duties are available to facilitate early return to work;
· continue normal performance management processes as appropriate.
The Human Resource Adviser will:
· promptly direct the injured/ill staff member to the Rehabilitation and Return to Work Coordinator to provide them with relevant forms, and direct the staff member to the University website for further information;
· immediately notify the Rehabilitation and Return to Work Coordinator of the injury/illness to facilitate early rehabilitation intervention;
· assist the staff member to promptly complete the necessary forms where required;
· complete the Claim Form in consultation with the supervisor/manager;
· forward all relevant documentation to WorkCover Queensland within 8 business days of the date of injury, or the employer becoming aware of the injury;
· send a copy of relevant documentation to the Rehabilitation
and Return to Work Coordinator;
· check staff member's leave balances where a work absence occurs, and notify the staff member, HR Connect and the Rehabilitation and Return to Work Coordinator if leave balance is insufficient to cover the period of work absence;
· submit any further medical certificates/ leave forms received to the Rehabilitation and Return to Work Coordinator;
· monitor staff member's leave balances during work absence, maintaining contact as required with staff member, supervisor, HR Connect and Rehabilitation and Return to Work Coordinator.
The Rehabilitation and Return to Work Coordinator will:
· receive notification of the work-related injury/illness from WorkCover, Human Resource Adviser, supervisor, or staff member;
· provide workers' compensation forms and information to the staff member, and follow up workplace rehabilitation as soon as practicable;
· notify the Human Resource Adviser and supervisor of the work-related injury/illness and provide information regarding claims administration and rehabilitation as soon as practicable ;
· contact the treating medical practitioner as soon as possible following notification of a staff member's injury/illness to commence rehabilitation if required;
· manage workers' compensation claims and workplace rehabilitation in accordance with relevant legislation and University policy.
WorkCover Queensland requires the following forms to be sent within 8 business days of the date of injury, or the employer being notified of the injury:
· Claim Form and any supporting documentation, completed by the staff member and/or Human Resource Adviser, in consultation with the supervisor/manager;
· Workers' Compensation Medical Certificate obtained from the treating doctor;
· Tax declaration form in case of work absence, only where WorkCover Queensland will be paying the staff member directly.
The University requires the staff member to complete and send the following to the Human Resource Adviser:
· Leave application, for all total incapacity medical certificates relating to the claim;
· Payment Authorisation Letter;
· Copy of Incident/Injury Report Form;
· Authorisation to Release Information Form.
An application is valid and enforceable only if it is lodged by the staff member within 6 months after the entitlement to compensation arises. If an application is lodged more than 20 business days after this date, the extent of WorkCover Queensland's liability starts no earlier than 20 business days before the day on which the valid application is lodged, unless WorkCover Queensland is satisfied that the late application was due to a mistake, the staff member's absence from the State or a reasonable cause.
A workers' compensation claim for workplace incidents/injuries occurring on a journey between the workers' home and
place of employment may be accepted by the insurer, where the incident/injury occurs between the boundary of the land where the staff members' home is situated, and the staff members' place of employment. The workers' compensation claim will not be accepted by the insurer if the staff member is in contravention of the Transport Operations (Road Use Management) Act 1995, or Criminal Code, or corresponding law, or if there is a substantial delay, interruption of, or
deviation from the journey, unless the reason for the delay was connected with the staff member's employment, or beyond the staff member's control.
A workers' compensation claim may be accepted by the insurer, if the incident/injury occurs while the staff member is temporarily absent from the place of employment during an ordinary recess, if the worker is not voluntarily subjecting themselves to an abnormal risk of injury during the recess.
Workers' compensation may be payable by the insurer, if an incident/injury occurs while the staff member is working interstate or overseas for a period of up to 6 months, and their employment is connected with the University. However, if the staff member is working outside Queensland for longer than 6 months additional insurance cover may be required. The Human Resource Adviser and Insurance and Risk Management Officer must be notified of these circumstances.
Once an application has been submitted, the WorkCover Queesland Claims Assessor or Case Manager administer the claim in consultation with the Rehabilitation and Return to Work Coordinator.
Most applications are decided by WorkCover Queensland within 20 business days, but some applications will take longer.
For a workers' compensation claim to be accepted by WorkCover Queensland, a personal injury must have arisen out of, or in the course of employment, if employment is a significant contributing factor to the injury. In cases of psychological or psychiatric disorder, the claim will not be accepted if the injury arises out of:
· reasonable management action taken in a reasonable way by the employer in connection with the workers' employment;
· the workers' expectation or perception of reasonable management action being taken against the worker;
· action by the insurer in connection with the workers' application for compensation.
If a staff member or the University does not agree with a decision made by WorkCover Queensland about an application, the staff member or the University may apply to Q-COMP for review of the decision, within 3 months of receiving written notice of the decision.
If a staff member or the University does not agree with a review decision given by Q-COMP, an appeal may be filed to an
industrial magistrate within 20 business days after receiving the review decision.
The staff member's entitlement to compensation for an incident/injury arises on the day the staff member is assessed by a doctor, provided a workers' compensation medical certificate is submitted. However, entitlement to weekly payment of compensation starts the day after the worker stops work because of the injury, provided the application is submitted within time frames according to legislation. The University will pay the staff member for the day of injury.
Entitlement to compensation will only continue where further workers' compensation medical certificates from the staff member's treating doctor are submitted to WorkCover Queensland, and WorkCover Queensland continue to accept liability for the claim.
If the claim is accepted and the person has time off work, the compensation payment is usually based on the normal weekly salary. However, after 26 weeks the payment rate drops to a lower rate, and the staff member will receive weekly benefits paid directly by WorkCover Queensland, on submission of a tax declaration form. WorkCover Queensland will advise the staff member and the University of the new rate, and any subsequent adjustments to their benefit.
While a claim decision by WorkCover Queensland is pending, the staff member will continue to be paid while sick, recreation or accessible long service leave credits are available. If the claim is accepted, leave taken to cover absence will be re-credited and the staff member will receive back pay for any time taken as leave without pay. If the staff member accessed recreation leave, and the claim is accepted, the staff member must repay any leave loading that was paid.
For accepted claims when the staff member is totally incapacitated, the University will continue to pay the usual fortnightly salary up to 26 weeks, from which time WorkCover Queensland will pay the staff member a lower rate.
If the staff member does not have sufficient leave entitlements to cover the period of absence while a claim is pending, or if the claim is rejected, the University will not continue to pay the staff member during the absence. The Human
Resource Adviser should notify the staff member so that other arrangements can be made.
If the claim is not accepted, and where the staff member has received an incorrect payment, arrangements will be made with the staff member to repay the University.
Recreation leave will not normally
be approved while a staff member has a workers' compensation medical certificate stating total incapacity. Staff members taking recreation leave during suitable duties programs must submit a workers' compensation medical certificate for medical expenses only during the period of leave. WorkCover Queensland may request information from the staff member regarding their recreation leave.
WorkCover Queensland will pay necessary and reasonable treatment costs related to an accepted claim, while a staff member is covered by a Workers'
Compensation Medical Certificate. This may include medication, medical or rehabilitation appointments, medical/rehabilitation equipment and hospital treatment.
Many claims cover medical expenses only, where a staff member suffers an injury but does not need time off work. WorkCover Queensland will pay reasonable and necessary treatment costs.
8.6 Attending medical
appointments
If the workers' compensation medical certificate covers medical expenses or suitable duties, WorkCover Queensland will not usually cover work absences to attend appointments for treatment or therapy during work hours. Staff members may use flex leave or are entitled to apply for sick leave to attend medical or therapy appointments during work hours, as agreed with their supervisor.
If WorkCover arrange specialist medical assessment, WorkCover will approve payment for work absence if this appointment is held during work hours.
If a staff member suffers a permanent impairment as a result of the work-related injury/illness, they may be entitled to lump sum compensation. Impairment is permanent if the injury is stable and stationary and not likely to improve with further treatment. WorkCover Queensland may decide to have the worker medically assessed or a staff member may ask to be assessed for permanent impairment.
The University will provide workplace rehabilitation in the event of work-related injury/illness to facilitate the earliest possible safe return of the staff member to their pre-injury/illness position, in accordance with legislation and the University's Workplace Rehabilitation Policy and Procedures. The staff member must satisfactorily participate in rehabilitation as soon as practicable after the injury/illness
is sustained. Failure to participate in rehabilitation without reasonable excuse may result in WorkCover Queensland suspending entitlements until the staff member satisfactorily participates in rehabilitation. The staff member should advise WorkCover Queensland if intending to travel interstate or overseas during rehabilitation.
Information obtained during the claims and rehabilitation process will be treated with sensitivity and confidentiality. Approval to access or release medical or rehabilitation information, relevant only to rehabilitation and return to work, will be sought from the staff member using the Authorisation to Release Information form. The Rehabilitation and Return to Work Coordinator will release information to managers, supervisors, co-workers only where information is required for rehabilitation and return to work.
When a staff member receiving compensation for an injury/illness returns to work, they must:
· give written notice to WorkCover Queensland within 10 business days of return to work or engagement in a calling.
· provide a workers' compensation medical certificate indicating their fitness to return to work.
When a compensation claim is finalised the staff member will stop receiving compensation benefits. A claim may be finalised when:
· The staff member returns to work with the same or different employer;
· A
doctor provides a medical clearance;
· A worker is medically assessed for a permanent impairment.
If the staff member has been unable to return to work, the Human Resource Adviser will advise the staff member regarding access to alternative sources of income, such as superannuation or Centrelink benefits. Residual incapacity due to work-related injury/illness will be managed in accordance with legislation and the University's Workplace Rehabilitation Policy and Procedures.
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The Pro Vice Chancellor (Administration) is responsible for the oversight of strategic direction and procedures related to workers' compensation within the University.
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Implementation of the workers' compensation procedures is the responsibility of the Director, Office of Human Resource Management.
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