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Procedure Properties

Title: Management of Work Related Injuries/Illnesses
Category: WH&S
Version: 01
Implement Date: 25 October 2010
Application: QCS
Availability: Public

Authority

Procedures

DCS WHS Incident Reporting and Investigation Procedure

Management of Non Work Related Injuries/Illnesses

Independent Medical Examination

Income Support When Absent Due to Illness/Injury

Appendices and Forms

Policies

§ DCS WHS Incident Reporting and Investigation Policy

DCS WHS Workplace Injury Management Standard

  • QLD Government Directive No19/05 - Sick Leave

DCS Human Resource Delegations Manual (in-confidence)

Procedure - Management of Work Related Injuries/Illnesses

Purpose
1.Background
2.Process
2.1Initial management of injury
2.2Workers Compensation Claims
2.3Where WorkCover Accepts a Workers Compensation Claim
2.4WorkCover Denied Workers Compensation Claims -
3.Integrated Case Review Process (ICRP)
4.Confidentiality
5.File Management
6.Roles and Responsibilities
7.Definitions

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Purpose

To provide guidance to Queensland Corrective Services (QCS) on the management of work related injuries.

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1. Background

Definitions - Refer to Part 7 of this procedure

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Queensland Corrective Services (QCS) is committed to providing all staff with a safe and healthy work environment but in the event of workplace injury or illness, ensuring that rehabilitation is commenced as soon as possible, in accordance will all legislative obligations.

The Workers Compensation and Rehabilitation Act 2003 (Qld) provides-

  1. a worker's compensation scheme for providing benefits for workers who sustain an injury in their employment; and
  2. obligations on QCS as an employer to assist or provide rehabilitation.

Information on the nature and level of workers compensation benefits should be obtained directly from WorkCover Qld.

Operational requirements for fitness - Where a role has specific physical requirements, a worker may be required to undertake a medical examination and/or functional capacity evaluation to determine their fitness for duty

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2. Process

In the event of a QCS staff member/contractor sustaining an injury in the workplace the following process should be adopted.

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2.1 Initial management of injury

Appropriate first aid or medical attention should be provided immediately.

Management must control the scene of any workplace incident to prevent further injury and follow applicable procedures (refer procedure - DCS WHS Incident Reporting and Investigation).

Upon notification of a workplace injury the line manager/supervisor should, where possible, discuss with the injured worker the following-

  1. circumstances of the injury;
  2. any restrictions to their carrying out their substantive duties;
  3. length of time restrictions that may apply;
  4. provide & assist with the completion of necessary forms such as workplace injury/illness report/SHE injury report, information release authorisation, workers compensation claim forms, sick leave application/s and QSuper income protection benefit;
  5. seek to identify suitable and appropriate return to work options if the employee is unable to perform their full substantive duties; and
  6. ensure QCS Workplace Health & Safety (WHS) Unit and the DCS Workplace Health & Safety (WHS) Unit are advised of all serious injuries/illnesses (e.g. Class A incidents) within the workplace, in accordance with the DCS Incident Reporting and Investigation Procedure.

The injured worker may access accrued sick leave entitlement pending WorkCover's decision on the injury claim. Sick leave without pay may also be requested. The use of Annual Recreation Leave (ARL) or Long Service Leave (LSL) in lieu of sick leave is not permitted as there is no provision within the Sick Leave Directive 19/05 to allow ARL or LSL to be accessed when an employee has exhausted all of their Sick Leave entitlements. Application for ARL and LSL are subject to the provisions of the relevant directives.

If the injured worker is totally incapacitated for work, the line manager/supervisor should contact the worker as soon as possible to offer support and to discuss the circumstances that occurred before, during and after the injury/illness occurred including (time, place events and witnesses) (refer appendices - Procedure DCS WHS Incident Reporting and Investigation ).

The Rehabilitation and Return to Work Coordinator (RRTWC) must contact the injured worker as soon as possible, within 2 days of the injury occurring or becoming aware of the injury, so that rehabilitation needs can be assessed.

The injured worker is required to maintain contact with the workplace for the duration of the incapacity and advise management of any changes to medical status, including but not limited to, medical certification, and return to work status.

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2.2 Workers Compensation Claims

Workers with work related injuries should be-

  1. provided with WorkCover compensation information, including access to workers compensation claim forms; and
  2. at the request of the worker or where the workers' injuries prevent them from completing the required forms, provide assistance to complete workers compensation application forms.

All work related injuries for which compensation may be payable, must be reported to WorkCover Queensland, within 8 days of-

  1. knowing the injury has been sustained;
  2. the worker reports the injury; or
  3. on receipt of a written request from WorkCover to provide a report.

In completing an Employer Report in respect to an injury or illness, the workplace must detail all relevant information in relation to the Application for Compensation including relevant information as to whether or not the workplace is satisfied that the injury or illness occurred at the workplace in the manner described.

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2.3 Where WorkCover Accepts a Workers Compensation Claim

When a claim is accepted by WorkCover Qld the following steps must be followed-

  1. A Return to Work (RTW) plan must be considered for all workplace injuries and if required, developed in consultation with the treating medical practitioner and the injured worker.
  2. Critical job demands of the injured worker's position must be provided to the treating medical practitioner to ensure the treating medical practitioner is aware of the injured workers relevant job demands.
  3. The RTW plan must be consistent with the worker's needs and the current workers compensation medical certificate limitations.
  4. The RTW plan must include duties relevant to the injured workers substantive position.
  5. To ensure the injured worker's rehabilitation is not negatively effected by working excessive hours, or duties not stipulated in the RTW plan, the default restriction of no-overtime will apply to all RTW plans.
  6. Rehabilitation must focus on return to work and be goal directed with timely and appropriate services for-

I. the worker's injury;

II. the rehabilitation and return to work objectives;

III. the worker's recovery rate; and

IV. subsequent return to their substantive position.

  • The worker receiving workers compensation must participate in rehabilitation-I. as soon as practicable after the injury is sustained; andII. for the duration of the claim for compensation.
  • Failure to participate in rehabilitation may result in WorkCover Qld ceasing compensation benefits.
  • On cessation of the WorkCover claim where the worker is incapacitated for work-I. the worker must complete the appropriate application for sick leave form/s; andII. the worker may contact QSuper in relation income protection entitlements. Refer procedure - Management of Non-Work Related injuries/Illness
  • On cessation of a WorkCover claim, if a worker has returned to the workplace though has not returned to their full substantive duties, their entitlement to weekly wages is limited to that which they have worked under their prescribed industrial agreement.
  • Within 12 months after a worker sustains an injury, the worker must not be dismissed or retired solely or mainly because the worker is not fit for employment in a position because of the injury.
  • The RRTWC is to request the 'Reasons for the Decision' from WorkCover when- I. for physical injuries, where the workplace is aggrieved by the decision to accept the claim; orII. for all psychological injuries.
  • On receipt of “Reasons for Decisions” consult with QCS WHS Unit.
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    2.4 WorkCover Denied Workers Compensation Claims -

    Where WorkCover has denied a workers compensation claim and the worker continues to be incapacitated for work-
    1. the worker is to access sick leave entitlements in the first instance;
    2. the worker is to complete application for leave forms & provide all medical certificates; and
    3. The worker is to be referred to QSuper for information on income protection.

    Refer procedure - Management of Non-Work Related injuries/Illness

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    3. Integrated Case Review Process (ICRP)

    The ICRP is an effective tool for the management of long term or complex cases. It provides for specialist consultation with key internal and external stakeholders to develop a robust plan which incorporates key action items and agreed time frames.

    The (ICRP) may be initiated by the RRTWC, line manager/supervisor, QCS WHS Unit of DCS WHS Unit where there is an identified need to review the progress and future direction of both work and non-work related injuries and illnesses.

    If an ICRP determines an independent medical examination is necessary, then refer to the QCS WPHSU for advice and guidance.

    For more information regarding (ICRP) (refer DCS WHS Workplace Injury Management Standard).

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    4. Confidentiality

    All information relating to work related injuries must be treated sensitively and confidentially and authority must be obtained from the worker to obtain or release information about their rehabilitation.

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    5. File Management

    Workplace rehabilitation files must be kept for all injured workers. These files must be kept confidential, securely stored and contain-

    1. a signed & relevant “Information Release Authorisation” form;
    2. a completed WorkCover “Application for Compensation Form”;
    3. workers' compensation medical certificate/s;
    4. up to date case notes;
    5. up to date return to work plans;
    6. medical reports, critical job demands, independent medical assessments;
    7. tax invoices, correspondence, emails, letters, leave applications and any other relevant documentation; and
    8. outcomes of ICRP discussion.

    The nominated (RRTWC) is responsible for the maintenance, confidentiality and security of these files.

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    6. Roles and Responsibilities

    As per DCS Workplace Injury Management Standard - Part 3

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    7. Definitions

    Rehabilitation - Refers to the process designed to ensure the worker's earliest possible return to sustainable employment, or to maximise the worker's independent functioning.

    Standard for Rehabilitation - Rehabilitation provided to all DCS workers must meet the standard outlined in the Workers' Compensation and Rehabilitation Regulation 2003.

    Workplace injury/illness - Means an injury or illness arising out of, or in the course of, employment and employment is a significant contributing factor and refers to an accepted workers' compensation claim.

    Non-work related injury/illness - Refers to an injury or illness that did not arise out of, or in the course of the workers employment and includes all workers' compensation claims where liability has been denied by WorkCover.

    Rehabilitation and Return to Work Coordinator (RRTWC) - Means an authorised employee of DCS who has satisfactorily completed an accredited workplace rehabilitation course and is registered with Q-COMP, the Workers' Compensation Regulatory Authority.

    Queensland Corrective Services (QCS) Return to Work Plan - Refers to specifically selected duties within the workplace and are a means in which to provide a monitored and graduated return of a worker, (who has suffered a work related injury/illness) to their substantive role. A return to work arrangement must-

    1. be matched to the capabilities of the worker; and
    2. consider the restrictions or limitations imposed by the treating medical practitioner; and
    3. be meaningful and have regard to the objective of the worker's rehabilitation; and
    4. be time limited and regularly upgraded according to injured/ill employee recovery levels and treating medical practitioner advice.

    Substantive Role - Refers to the worker's (other than an emergency service volunteer) appointed role or position.

    Injury Management - The implementation and coordination of strategies to facilitate the early return to work of a worker or to provide for appropriate rehabilitative assistance following workplace injury or illness.

    Safety Health & Environment (SHE) management system - The SHE management system provides for the electronic information storage and document management, for all Incidents, Hazards and Workplace Injury Management Cases. The SHE management system ensures the confidentiality of all information through a system of restricted access to DCS authorised personnel only.

    Serious Injury - Class A incidents meaning: Fatality / Irreversible health effects / Disabling illness / Severe impairment / Serious disabling illness to multiple people.

    Information Release Authorisation - If it is necessary to obtain or release information associated with the workers' injury management, the workers' authority must be obtained.

    Sick Leave Without Pay (SLWOP) - Employee's sick leave is approved by the employer, but is not paid for the period of time absent due to not having a sick leave credit balance.

    Integrated Case Review Process (ICRP) - The ICRP is an effective tool for the management of long term, complex or contentious cases. It provides for specialist consultation with key internal and external stakeholders to develop a robust plan which incorporates key action items and agreed timeframes.

    Independent Medical Examination (Public Service Act 2008 - Part 7)

    s174

    This part applies to a public service employee if-

    1. the employee is absent from duty or the employee's chief executive is reasonably satisfied the employee is not performing his or her duties satisfactorily; and
    2. the chief executive reasonably suspects that the employee's absence or unsatisfactory performance is caused by mental or physical illness or disability.

    s175 Chief executive may require medical examination

    The chief executive may-

    1. appoint a doctor to examine the employee and give the chief executive a written report on the examination; and
    2. require the employee to submit to the medical examination.

    QSuper Income Protection Benefit - Income insurance cover, provided by QSuper. All workers that are part of the QSuper superannuation scheme are automatically covered by QSuper income protection benefit.





    Kelvin ANDERSON
    Commissioner




    Version History

    25/10/2010 Version 01