Workers' Compensation and Injury Management at UWA
Workers' Compensation and Injury Management at UWA
Workers' Compensation and Injury Management at UWA
Normally, UWA prefers the term “staff member” when referring to employees of
UWA. It is acknowledged that it is socially inclusive and more appropriate to
say “staff member with an injury”, rather than “Injured Worker”. Similarly, it is
inclusive to say “person with a disability” rather than “disabled person”.
It is the person, not their disability or injury that is important. However, to assist
understanding and reflect the same terminology used in the Act and Western
Australian Government publications “Injured Worker” is used throughout this
document, which means the same as “staff member with an injury”.
Welcome to the 2008 edition of Workers’ Compensation and Injury
Management @ UWA. This publication provides UWA staff (and affiliates whose staff
are covered under the UWA workers’ compensation insurance policy) with basic
information on workers’ compensation and injury management. What you need to
know, based on questions frequently asked of staff in UWA Safety and Health.
In Western Australia, the Workers’ Compensation and Injury Management Act (1981)
provides the legal framework for management of work related injuries and workers’
compensation. Injury management is what happens after an injury has occurred,
in returning an injured employee back to work. Historically, the term
“rehabilitation” was used. Injury management provisions in the Act are
supported by a Workers’ Compensation Code of Practice (Injury Management)
2005, which applies as if the requirements in the Code were regulations.
The Act and the Code of Practice are based upon the principle that whenever
it is medically appropriate, an injured worker will remain in, or return to work.
WorkCover WA is the public sector body that oversees the requirements of the
Act in Western Australia.
Should you have a query or concern that is not addressed in this publication, please
contact UWA Safety and Health on (08) 6488 3938. If you think that something is
missing from this publication, please let us know, so that consideration can be given
to including the missing information in future editions.
Disclaimer: This brochure is intended to provide general information only. You should
not act solely on the basis of anything contained herein. You should seek appropriate
advice about your particular circumstances.
Section 1
The aim of workers’ compensation and injury management
Aim of the Injury Management System . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Injury Management Policy . . . .
....................................... 6
Section 2
Claims Procedure
Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Step 1 - Lodging a Claim . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Step 2 – Involvement of the Insurer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Step 3 – Return to Work Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Worker Participation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Formal Review at Six Weeks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
15
Section 3
Roles and Responsibilities
Injured Worker . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Supervisor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
In-line Management – School Manager/Head of School/Head of Unit . . . . . . . . . . . . . . . . . . 17
I have not had an injury but gradual onset of symptoms – can I claim? . . . . . . . . . . . . . . . . . 21
When will I find out if my application for workers’ compensation has been accepted? . . . . . . . . . 21
Do I need to pay my medical bills, pharmacy bills and other accounts up front? . . . . . . . . . . . . 22
The Insurer has requested that I attend another Doctor – can they do this? . . . . . . . . . . . . . . . . . . . .. . . . . . . . . 26
A surgeon has recommended surgery and booked the date – what should I do? . . . . . . . . . . . 27
How many workers’ compensation claims does UWA have each year? . . . . . . . . . . . . . . . . . 27
Section 5
Sharing experiences with other staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
The aim of the system is to support injured workers to return to gainful employment through injury
management. A worker, who suffers a defined work-related injury or disease and needs medical treatment
and/or cannot work because of the injury, is entitled to claim workers’ compensation.
Injury management is the process whereby the injured worker, along with the employer and treating
medical practitioner, come together as a team to assist the injured worker to stay at work, or return to work
following a workplace injury.
As an employer, the University is required to have a documented injury management system in place and
must provide injured workers with a copy upon request.
Management supports the injury management process and recognises that success relies
on the active participation and cooperation of the injured worker. If an injured worker is not
able to return to pre-injury duties, wherever possible, modified or alternative duties (with
regard to medical restrictions) will be sought within the area of the University that the
injured worker is employed. If this is not possible, the University will endeavour to provide
alternative duties in another area of the University to facilitate early return to work.
Workplace Information
Employer’s Contact Person: Senior Occupational Therapist
Phone: 6488 2784
Injury Management Consultant
Phone: 6488 7931
Workers’ Compensation Officer
Phone: 6488 3938
6
Complete a UWA
Confidential Incident / Injury Report Form
These include:
The University requires a Confidential Incident/Injury work-related injury. Early contact with the Workers’
Report form to be completed for any injury or disease Compensation Officer on (08) 6488 7931 is
incurred by staff, students, contractors or visitors. Part recommended, so that early intervention and follow-
A must be completed and faxed to UWA Safety and up can occur by UWA Safety and Health.
Health within 24 hours (Fax 08 6488 1179).
http://www.safety.uwa.edu.au/forms/incident Please return all completed paperwork to UWA Safety
and Health, M350 as soon as practicable. Staff from
Only direct employees of the University (and Safety and Health will assist local management with a
employees of eligible affiliates) are eligible to apply Return to Work Plan, if required.
for workers’ compensation. Students, (including
students on scholarships or receiving stipends),
non-UWA paid researchers, visitors and contractors Step 2 – Involvement of the Insurer
are not eligible. Only injuries sustained in the course
of undertaking work duties are covered.
When Safety and Health have processed the
completed forms, these plus the Workers’
When UWA Safety and Health is aware that a worker
Compensation First Medical Certificate and the
has suffered a work-related injury, unless it is a minor
Employers’ Report completed by the injured
injury, contact will be made with the injured worker,
worker’s supervisor will be forwarded to the
usually by phone or email. If time off work or medical University’s workers’ compensation insurer.
bills are likely to occur, workers’ compensation claim
documents will be sent to the injured worker. The above is in accordance with requirements of the
Workers’ Compensation and Injury Management Act
Note: An injured worker has the right not to (WA) 1981 (The Act). Safety and Health staff involved
proceed with a claim if they wish, in which case in Workers’ Compensation claims will discuss the
payment of medical bills will be the responsibility workers’ compensation claim with the insurer, to
of the injured worker. Time taken off work would clarify any issues or concerns.
then need to be accounted for via the use of leave
entitlements, if available. Delays in submitting workers’ compensation
paperwork cause medical expenses to accumulate,
In order to submit an application for workers’ and affects the ability of the insurance company to
compensation, the injured worker must return the make an early decision on the application. Delay also
completed claim forms and provide a Workers’ causes inefficient use of the University’s staffing
Compensation First Medical Certificate from their resources chasing paperwork. For the injured worker
treating doctor to support the application. it can effect how efficiently medical treatment is
received. If application forms have not been returned
In some cases the process commences when a to UWA Safety and Health, accounts will be sent
worker seeks the opinion of their treating doctor to the injured worker for payment. Delays
(medical practitioner) to determine if they have a can compromise liability of the claim.
If unsure of what to do, Supervisors are encouraged to make early contact with
Safety and Health by phoning the Senior Occupational Therapist, 6488 2784
especially if the worker is not willing to follow the process outlined above.
10
11
Case Manager at six weeks post injury if Other Things That Can Occur
passive treatment is continuing and has not
resulted in progress with return to work.
in the Process
12
WorkCover WA Free Seminars When a claim has been accepted, forward all
accounts and invoices relating to medical treatment
WorkCover provides free seminar and an
(as recommended by the doctor/ treating medical
information line for injured workers.
practitioner) and other approved statutory
Phone: 1300 794 744 allowances (such as medication, travel allowance)
TTY: (08) 9388 5537 to UWA Safety and Health, M350.
13
14
15
17
18
19
21
What is WorkSafe WA? There are limits on the amounts for all of the above,
set by WorkCover WA; these are updated each year
WorkSafe is the State Government Public Sector on 1st July. See www.workcover.wa.gov.au or
Agency that oversees Occupational Safety and contact the WorkCover WA Infoline.
Health legislation in Western Australia. (In some
other States of Australia WorkCover branches WorkCover WA also has a schedule of fees outlining
oversee both workers’ compensation and how much treatment providers can charge for their
Occupational Health and Safety). services. Any gap in the fee between what the
service provider charges and the schedule is the
WorkSafe must be notified of certain work related
responsibility of the injured worker. For further
injuries and diseases and may visit the workplace
information see www. workcover.wa.gov.au
to undertake an investigation following such
notification. Notifiable injuries include amputations In exceptional circumstances there are other entitlements
of limbs and also any injury requiring more than ten under the Act, such as an extension to the medical
(10) days off work immediately after the injury. entitlement for serious injuries (up to $250,000). Likewise
UWA Safety and Health will inform you if WorkSafe specialised retraining allowance if the training is essential
intend to visit due to your work injury. The for a return to work, provided that eligibility criteria are met.
Inspector from WorkSafe may want to interview the For further information search under ‘Publications’ on the
injured worker and their supervisor.
WorkCover WA website.
22
You can only return when your Doctor has certified you home on the weekend. With non work-related injury,
fit to return; fit to return with restrictions; modified the worker has more autonomy to make decisions on
duties or put in place other measures to protect whether to attend work or not, based on how they are
you from aggravation to your injury. Under no feeling. Whilst the University still wants to ensure that
circumstance should you return without clearance its staff are safe at work after both types of injury, a
from your treating Doctor. If you turn up to work medical certificate is always required before returning
to work following a work-related injury.
without clearance, your supervisor will be required to
23
25
Keep in mind that from the University’s perspective Will having a claim affect future job
and probably from your own, it is better be at work
prospects?
and contributing than being at home on full wages
– when you might be able to do some of your work Most employers ask questions regarding current
or alternative duties. At times you might feel very or previous workers’ compensation claims in the
frustrated at not being able to do everything that application or recruitment process.
you normally can do, or the length of time that it is
taking to recover or uncertainty on how long it is Under Equal Employment Opportunity employers must
going to take to recover. It is best to talk to not discriminate against anyone with a previous claim.
someone about these feelings. Stress and Generally employers are only interested in claims that
frustration can make the situation a lot worse, and are active, or where the worker has residual
often injured workers need to vent. restrictions that could impact on the ability to perform
the inherent requirements of the position. It is
Please refer to UWA Employee Assistance important to be confident and honest about being able
Providers (EAP) listed in FAQ. to perform the job and if in doubt, ask. You must not
under any circumstance falsely misrepresent yourself.
Your track record, job performance and referee reports
The Insurer has requested that I would ideally over ride any concerns.
attend another Doctor – can they do
this?
Can the University divulge
Yes. Under the Act when the Insurer needs
information about my claim to a
clarification on the injury, causation, and treatment
regime or to find out if you are getting the best
future employer?
treatment, they may direct you to see a Specialist. No, not without your written consent.
This is normal protocol and occurs in about 30% of
claims. It is important that you confirm the
appointment, reschedule as early as possible if you If I choose to seek legal
are unable to attend, and cooperate with the request. representation, can anyone at the
Take along the results of any x-rays or results of any
University talk to my lawyer?
other investigations that you have in your possession.
No, not without going through our workers’
compensation insurer, and not without your
written consent.
26
27
Across all industries 6% of claims cost 96% of the What is the cost of workers’
total cost within the workers’ compensation system.
compensation at UWA?
This is not to negate genuine claims when severe
injury does occur resulting in higher costs. This fluctuates according to performance each year
Unfortunately it is other “abusers” of the system that and number of claims. Obviously, if we can reduce
create negative stigma for genuine claimants – injuries this is better for everyone and there will be
injured workers who should lodge applications but more funds available for other services and facilities at
decide not to, to avoid stigma. the University. At any time, you can request from the
Insurer the total amount expended on your claim.
A good question to ask (admittedly from the
University’s point of view) is - How would I be if I had
done this injury at home or playing sport…how much I feel frustrated, angry and
treatment would I seek and be personally prepared to depressed who can I talk to?
pay for? Likewise, being honest about any previous
Staff can arrange to talk to an independent person
condition - not expecting the workers’ compensation
confidentially by contacting the University’s
system to pick up the tab for treatment of pre-existing
Employee Assistance Providers (EAP) who provide
conditions. Taking control and responsibility for overall
free psychological counselling for staff and their
health is important. Having a positive attitude is
immediate family members. See
extremely important in the recovery from any injury.
www.safety.uwa.edu.au/ policies/eap
28
Adjusting to having an injury and resultant If you want to speak or meet with another staff
incapacity can be difficult to come to terms with, member at UWA, who has experienced a similar
even when relatively short term or for a few situation or medical condition similar to your own,
months. Uncertainty about the medical condition; please do not hesitate to ask. We will then
prognosis; job security and frustration with not approach a relevant staff member and ask if they
being able to do everything that you usually can do agree to being contacted, gain their permission to
– at work, or in your personal life is normal. release their contact details to you. Your contact or
injury details will not be released unless you give
Other staff at the University who have been in a approval for this to occur. It is then up to you to
similar position may be available and able to assist. contact the person when you feel ready to do so.
Some of these staff have indicated a willingness to
be contacted to provide support.
29
Contact Details
Worker Employer
Claim No. PE Contact Person
Telephone Work
Home Telephone
Fax
Doctor Insurer
Practice Case Manager
Telephone Telephone
Fax Fax
Treatment Provider Rehabilitation Provider
Practice Consultant
Telephone Telephone
Fax Fax
Program Details
List of Suitable Duties Physical Demand
1 1
2 2
3 3
4 4
5 5
Actions to be completed to enable [Injured Worker] to return to work
Item Action Person Responsible Review Date
1 1 1
2 2 2
3 3 3
4 4 4
5 5 5
Return to Work Goal Date of Medical Review
Diagnosis
Work Restrictions on Current Medical Certificate
Comments
1
2
3
30
Same position
Same Faculty/School/Section
Injury
management
NO
staff in UWA
Safety and
Health will
assist
Same position, modified duties
Same Faculty/School/Section
Develop
Return to work NO program. May involve
external
Monitor and rehabilitation
Review provider
Alternative position
Same Faculty/School/Section
NO
Alternative placement -
different Section of UWA or External Employer
• The above is at the direction and upon advice from the injured workers’ treating medical practitioner.
• Where alternative internal positions are sought due to the injured worker not being likely to return to their
pre injury duties or position, referral to the UWA Mobility Officer usually occurs.
• Injured workers are required to apply for alternative positions as per normal recruitment processes,
however work trials and incentives to the host area may be provided to assist the process, aiming for a
“win, win” situation
31
To ensure prompt reimbursement, ensure all sections of this form are completed correctly.
I declare that the above journeys are in relation to my worker’s compensation claim.
Signed Date
If convenient, get your GP to sign off any trips which were to visit him or her, especially if a Medical Certificate
was not issued. This will enable prompt reimbursement.
32
33