Title: Offender Injuries - Community Service
Category: Safety and Security
Implement Date: 28 August 2006
Application: Community Supervision
Appendices and Forms
Procedure - Offender Injuries - Community Service
To ensure prompt and appropriate action in relation to offenders injured in the performance of community service.
Under the Workers Compensation and Rehabilitation Act 2003 s 20-21, offenders performing community service are entitled to compensation for injury sustained while performing the community service.
Offenders subject to community service and fine option orders are eligible to claim workers compensation for injuries sustained while working at a community service site.
All claims should be dealt with promptly following this procedure.
The relevant officer shall, with assistance from part-time and on-site supervisors, ensure the offender adopts safe working practices in the performance of community service. Refer administrative form - Guidelines for the Community Service Worker
2. Action to be taken following a community service work injury
Responsibilities of officers and offenders in the case of a work related injury are-
2.1 Responsibility of Offender
- immediately report details of the injury to a supervisor (normally on-site supervisor);
- if the supervisor or the offender considers it necessary, seek medical attention; and
- provide a doctor's verification of the injury, certified by completion by the doctor of Form 5 - Workers' Compensation Medical Certificate.
If the offender seeks medical attention for the injury, the offender must-
- complete Form 4 - Application for Workers' Compensation of the Workers' Compensation Board of Queensland;
- attach Form 5 - Workers' Compensation Medical Certificate (provided by the doctor) and any relevant medical accounts to the Form 4;
- forward all documents to the Workers' Compensation Board Branch or Clerk of the Court nearest to his/her place of residence.
Before resumption of community service, the offender must produce a copy of Form 5A clearance certificate from the doctor.
2.2 Responsibility of on-site supervisor
If the on-site supervisor or the offender considered medical attention is required, the offender should be advised to attend a doctor to seek medical attention and have the injury recorded.
If the offender requires medical attention, the on-site-supervisor must-
- notify the offender's departmental supervising officer as soon as possible after the accident;
- in the case of serious injury-arrange medical attention immediately, including an ambulance, if necessary;
- note details including date, time, circumstances and nature of injury.
All incidents must be immediately reported to the relevant manager and Workplace Health and Safety Representative. At a minimum, the following steps must be taken by the on site supervisor-
- assess whether Division of WHS Report form is required. If so, the community service project supervisor must complete the form and submit it to the Division of Workplace Health and Safety within 24 hours;
- complete incident reporting procedures if required. Refer procedure- Incident Reporting;
- in the case of a serious incident/accident-gather as much information as possible, including statements from witnesses, sketches or photos of incident site, and equipment. This information may be required in the future in relation to a later Workcover or public liability claim, for this reason, the offender's file should be flagged with the date of injury. Refer to procedure - Offender File Management for further details;
- if an injured worker wishes to proceed with a Workcover claim, provide him or her with an application for compensation (to be returned to District Office);
- complete Division of Workplace Health & Safety Employers Report Form. This form is to be completed by a corrective services officer, not the community service project coordinator. Ensure questions 1 to 35 are completed;
- forward all documents, including medical certificates, accounts etc to the relevant manager of the facility. A copy should be kept on the offender's file.
F P ROCKETT
28/08/2006 Version 01 - 01/07/2001 Version 00