Employers must provide suitable work, where reasonably practicable, even when there is a dispute about liability.

Employers must detail in their RTW program the employer’s policies and procedures for how they will develop a recover at work plan in consultation with the worker to manage recovery at work. 

If a worker sustains a  significant injury and is unable to return to their pre-injury role a Recover at Work Plan is required to be developed by the employer.

An insurer must commence an  injury management plan upon receipt of initial notification of injury and if the injury is identified as likely to be significant which is being unable to perform the pre-injury role for more than 7 days.

s42 Workplace Injury Management and Workers Compensation Act 1998

The Recover at Work Plan is a statement of goals and objectives for a worker undergoing recovery at work. It details the suitable work activities identified aligned with the worker’s capacity. The plan should include the worker’s details, work location, worker’s capacity, treatment arrangements, duties to be performed, monitoring arrangements and review and planning arrangements. The Recover at Work Plan is developed in consultation with all stakeholders including the worker, supervisor and treatment providers. 

The injury management plan should be developed in consultation with the worker, be specific, consider medical and treatment information, be tailored to deliver the goal, detailing stakeholder obligations and have review dates.

An employer is to develop a Recover at Work Plan for each worker who returns to suitable work. For details refer to SIRAs Guidelines for workplace return to work programs.

Recover   at work planning tool and template is to assist employers in the development of a recover at work plan.

I’m   an employer helping my worker recover 

SIRA RTW coordinator eLearning:

Recover at work planning

Developing a recover at work plan

Yes, An insurer must commence an  injury   management plan upon receipt of initial notification of injury and if the injury is identified as likely to be significant which is being unable to perform the pre injury role for more than 7 days.  s4 2 Workplace Injury Management and Workers Compensation Act 1998 the insurer is responsible for the development of an injury management plan  s45 of the Workplace Injury Management and Workers Compensation Act 1998.

Employer must plan a worker’s return to work from the date on which the employer knows or ought reasonably to have known of worker’s incapacity, whichever is the earlier date.  s96 — Defines this start date as the earliest of the following dates:

• the date the employer receives the worker’s medical certificate (issued in accordance with  s25(1) , or
• the date the employer receives a claim for compensation from the worker  in the form of weekly payments, or
• the date the employer is notified by the Authority that the worker has made a claim for compensation in the form of weekly payments, or
• the date the employer is notified by the Authority that the worker has  provided the Authority with a medical certificate issued in accordance with  s25(1). 

Once suitable or pre-injury employment has been confirmed, employers must provide the worker with details of the return to work arrangements. The details of the return to work arrangements must be clear, accurate and up to date. Employers should include (but not limit themselves to including) details about:

• the suitable employment being provided including modified or alternative duties that accommodate restrictions identified in medical information available such as  Certificates of Capacity
• commencement time and date
• details of any tasks or duties the worker needs to avoid
• the hours of work and the place of work
• work breaks, rotations or exercise breaks
• support, aids or modifications to the workplace to assist the worker’s return to work
• the Return to Work Coordinator contact details
• details of the worker’s supervisor or manager when returning to work, and
• the review date (reviews may occur earlier than this date as appropriate).

An employer must communicate the details of the return to work arrangements to the worker or other relevant parties in a way that is most appropriate for the worker and the other parties. Providing the worker with this information in writing is one way to comply, but it is not mandatory to do so. However, this may not always be adequate and other approaches may be required such as talking through the return to work arrangements with the worker.

s155C — As soon as practicable after

• the treating doctor indicates the need for a return to work program, or
• the worker’s doctor signs a medical certificate to the effect that the worker has partial capacity for work or has total capacity but is unable to return to their pre-injury position for some reason.

cl8(1)(a) — (d):

1. Names of the injured worker and the employer, and any other details needed to identify them,
2. Description of the goal of the program,
3. List of the action to be taken to enable return to work, identifying who has to take each action, and
4. A statement as to whether the worker agrees with the content of the program.

No

A return to work program is an individualised program. An Injury Management System is developed by the employer for all workers describing the steps to be taken if an injury occurs.

A recovery/return to work plan must be prepared where it appears that a worker is (or is likely) to be incapacitated for work by a work injury for more than 4 weeks —  s25(2)(a) .

A plan must not impose any obligation on a seriously injured worker (more than 35% WPI Physical Injury and 30% Psychiatric Injury) to return to work —  s25(11) .

Under  Regulation 15 , the plan must specify:

• worker name
• date of birth
• claim number
• employer name
• nature of injury
• date of injury
• must be appropriate to the circumstances of the worker
• must have specific employment objectives
• must promote communication and cooperation between parties
• must contain recovery/return to work services provided to worker
• commencement and completion period
• review times
• prescribed notices for employers and workers regarding failure to comply.

If a worker suffers a significant injury, the employer must ensure that any return-to-work plan, or injury management plan, that is required under the employer’s approved injury management program to be prepared in relation to a worker who has suffered a significant injury, is prepared within the period specified in that program.-  s143E Significant injury means a workplace injury suffered by the worker that is likely to result in the worker being totally or partially incapacitated for more than 5 working days –  s141 

• Return to work goals setting out milestones  for the injured worker to achieve until they reach the goal of returning to pre-injury employment.
• Worker’s diagnosis, capacity and restrictions
• Treatment and/ or rehabilitation arrangements
• Suitable duties, workplace modifications and hours of work
• Supervisory arrangements
• Contact details
• Review date
• Workers Consent
• Supplementary information such as roles and  responsibilities of parties involved in the injury management, the process for handling disputes, and the process for disclosing information.

Preparing Return to Work Plans 

Preparing Injury Management Plans 

Guideline for preparing return to work plans and injury management plans 

Injury Management Programs 

s143E 

If the injury management plan is not incorporated in the return to work plan the program should also specify the time frame in which an injury management plan will be developed and implemented.

A rehabilitation authority may make a determination that an employee who has suffered an injury resulting in an incapacity for work or an impairment should undertake a rehabilitation program  s 37(1) SRC Act.

The Guidelines specify:

• If making a determination under  subsection  s 37(1) of the Act, the rehabilitation authority must have regard to all matters in  s 37(3) of the SRC Act  [s 9(1)] and must refer to the relevant matters to which it had regard in the determination  [s 9(2)] .

The Guidelines specify the rehabilitation authority may consider providing or altering a rehabilitation program if there are changes in:

(a) the employee’s work capacity, injury or circumstances; or

(b) the availability of suitable employment [s 9(9)].

The Guidelines  [s 9(5)] state t he rehabilitation program must include:

(a) details of the rehabilitation case manager, and where applicable, the details of the supervisor and the workplace rehabilitation provider;

(b) the review dates; and

(c) if applicable, the reasonable steps being undertaken by the relevant employer to provide to the employee, or to assist the employee to find, suitable employment under s 40 of the Act.

A rehabilitation program is individualised to the employee and it is better practice to include:

• Recovery and return to work goals ( SMART goals)
• The employee’s work duties
• Timelines for the delivery of the activities and overall goal
• Roles and responsibilities of all stakeholders
• Employee rights

[see  Rehabilitation case manager handbook] 

Guidelines for Rehabilitation Authorities (2019) 

Rehabilitation case manager handbook 

Where practical:

• suitable employment
• an outline of steps by the employer or on the employers behalf, and
• a start and review date.

MRCA  s39 — The rehabilitation authority for a person at a time is:

1. subject to paragraph (aa), the Chief of the Defence Force for a time when the person:
2. is a Permanent Forces member, a continuous full-time Reservist or a part-time Reservist; and
3. has not been identified by or on behalf of the Chief of the Defence Force as being likely to be discharged from the Defence Force for medical reasons; or
4. if the Commission, after considering advice from the Chief of the Defence Force, determines, in writing, that the Commission is to be the rehabilitation authority for a specified person at a specified time — the Commission for that time; or
5. the Commission for any other time.

DRCA  s41A — Delegation by a Rehabilitation Authority

A rehabilitation authority who is:

1. the principal officer of an Entity; or
2. the principal officer of a Commonwealth authority in respect of which a licence is not in force under Part VIII of the SRC Act; or the principal officer of a licensee;
3. may in writing, delegate to an officer of, or a person employed by that Entity, authority or licensee all or any of the powers and functions of the rehabilitation authority under this Part.

A rehabilitation authority who is the Chief of the Defence Force may, in writing, delegate to an officer or employee of the Commonwealth all or any of the powers and functions of the rehabilitation authority under this Part.

MRCA  s51 — Rehabilitation authority may determine that the person is to undertake a rehabilitation program if an assessment has been made of the person’s capacity for rehabilitation

DRCA  s37 — A rehabilitation authority may make a determination that an employee who has suffered an injury resulting in an incapacity for work or an impairment should undertake a rehabilitation program.

MRCA  s5 — A program that consists of or includes any one or more of the following:

1. medical, dental, psychiatric and hospital services,
2. physical training and exercise,
3. physiotherapy,
4. occupational therapy,
5. vocational assessment and rehabilitation, counselling, and
6. psycho-social training.

MRCA  s5 — Vocational assessment and rehabilitation consists of or includes any one or more of the following:

1. assessment of transferable skills,
2. functional capacity assessment,
3. workplace assessment,
4. vocational counselling and training,
5. review of medical factors,
6. training in resume preparation, job-seeker skills and job placement, and
7. provision of workplace aids and equipment.

DRCA  s4 — rehabilitation program includes medical, dental, psychiatric and hospital services (whether on an in-patient or out-patient basis), physical training and exercise, physiotherapy, occupational therapy and vocational training.

The Injured Employee —  s70 Accident Compensation Act 2001

Claimant’s and Corporation’s obligations in relation to rehabilitation

A claimant who has suffered personal injury for which they have cover:

1. is entitled to be provided with rehabilitation, to the extent provided by this Act, to assist in restoring health, independence, and participation to the maximum extent practicable, but
2. is responsible for their own rehabilitation to the extent practicable having regard to the consequences of their injury.

Accident Compensation Act 2001  s75 Corporation to determine need for rehabilitation plan. Within 13 weeks after the Corporation accepts the claimant’s claim for cover, the Corporation

a)    must—

1. determine whether the claimant is likely to need social or vocational rehabilitation after the 12 weeks have ended; and
2. if so, prepare an individual rehabilitation plan in consultation with the claimant; and

b)    may include the plan provision for treatment.