Rehabilitation and Return to Work Employer Obligations – What You Need to Know
Rehabilitation and Return to Work Employer Obligations – What You Need to Know
If you’re an employer and one of your workers has been injured or become ill because of work, it’s your responsibility to help them get back to work safely, if possible. Here’s what you need to do.
YOUR ROLE IN REHABILITATION
As an employer, you are required to support your worker’s recovery and return to work. Research shows this plays a big role in helping them heal. You might need to adjust their duties or work environment while they recover. Rehabilitation should begin as soon as it’s safe after the injury.
DO YOU NEED TO PROVIDE SUITABLE DUTIES?
Yes, all Queensland employers are required to offer suitable duties as part of workplace rehabilitation, according to the Workers’ Compensation and Rehabilitation Act 2003. If you can’t provide these duties, you must inform the insurer in writing, explaining why and providing evidence. Failing to do so can lead to penalties. If you’re unsure what you can offer, your insurer can help guide you.
YOUR RESPONSIBILITIES AS AN EMPLOYER
Here’s what you need to do to support an injured worker:
- Report the injury and start the claim process right away. You may need to pay an excess if your worker takes time off and their claim is accepted.
- Contact your worker as soon as possible after the injury to check on them.
- Provide wage details to WorkCover quickly so your worker can get paid promptly if their claim is accepted.
- Discuss any workplace changes that can help them return safely.
- Understand both the physical and mental impacts of the injury on your worker.
- Offer flexible work arrangements or different tasks to ease their return. If this isn’t possible, talk to your insurer about other options.
- Monitor their recovery and adjust their work tasks as needed, keeping your insurer informed.
- Ensure your rehab and return-to-work coordinator, along with key staff like supervisors, have the right training and are supporting your worker.
- Maintain effective workplace rehabilitation policies and procedures.
ADDITIONAL LEGAL REQUIREMENTS
You cannot fire an injured worker within 12 months of their injury just because they aren’t fit for their usual job. Also, you must not use workers’ compensation documents for anything related to disciplinary actions or employment decisions.
If your business meets certain wage thresholds, you must appoint a Rehabilitation and Return-to-Work Coordinator (RRTWC). These thresholds are:
- Annual wages in Queensland exceeding $9,592,400 for the previous financial year.
- In a high-risk industry with wages in Queensland exceeding 4,796,220 for the previous financial year.
High risk industries include:
- Construction
- Manufacturing
- Transport and storage
- Agriculture, forestry, and fishing
- Mining
- Electricity, gas, and water supply
The RRTWC must be based in Queensland and be qualified for the role.
WHAT IF YOU DON’T MEET THE WAGE THRESHOLD REQUIREMENTS?
If you don’t meet the wage threshold requirements to appoint a RRTWC, you can still access support from your insurer or outsource this role to certified RRTWC consultants. This ensures you still meet your obligations without having to manage it in-house.
Not sure if you meet the requirements? Contact us today for guidance. We’re here to help you navigate your obligations and ensure you’re compliant.