Workers’ Compensation – Workplace Injury

Policy

This policy provides an overview of the roles and responsibilities for school employees supporting injured workers and managing workers’ compensation claims in schools.

Summary

• Supporting injured workers to return to work safely and sustainably can increase productivity, reduce disruption and decrease the financial, health and emotional impacts of a work-related injury on workers and their families.
• Schools must make information about return to work available to all staff by displaying relevant posters on the OHS noticeboard guide (refer to the OHS Consultation and Communication policy).
• Once an injury claim form is received from the worker, the principal or return to work coordinator must ensure the form is lodged with the agent within 3 business days for claims involving a mental injury, and within 10 calendar days for claims relating to physical injury only (refer to Lodging a claim).
• As soon as a workers’ compensation claim is made, principals or their delegate must self-nominate or appoint a return to work coordinator to support the injured worker and their return to work planning and recovery.
• Return to work coordinators and principal class employees must complete the Return to Work Coordination eLearning module (staff login required) provided by the department on commencement of their role and every 2 years.
• The department, the worker and the WorkSafe agent (the agent) have shared responsibility to ensure injured staff are supported to achieve a safe and sustainable return to work, and to ensure the appropriate steps are taken to manage the claim.
• Suitable employment must be provided to the injured worker, even if they have an incapacity for work, with support from regional and central department staff.
• Step by step guidance is available to support return to work coordinators to meet their obligations and support injured workers, including using a person-centred approach – refer to The return to work process.
• Guidance is available to ensure that schools take the appropriate steps to correctly process workers’ compensation payments for injured workers – refer to Leave and payroll management.
• All schools have access to the workers’ compensation claims management function within eduSafe Plus (staff login required) to manage all workers’ compensation claims.
• The department has a Workers’ Compensation Team available to support return to work coordinators and principals. To access this team, phone: 03 7022 0780 or email: workers.compensation.advisory@education.vic.gov.au
• The department will appoint a return to work coordinator to assist principal class officers with their individual claims. To access this Return to Work Coordinator Team, phone: 03 7022 0780 or email rtwc.team@education.vic.gov.au

Details

Under the Victorian Workplace Injury Rehabilitation and Compensation Act 2013 (the WIRC Act) workplaces must take steps to prevent workplace injury, support, and compensate people injured at work. The WIRC Act provides requirements for employers, injured workers, workers’ compensation agents and treating health practitioners involved to co-operate and meet return to work obligations.

The Department of Education (the department) has contracted Gallagher Bassett as the agent to manage the department’s WorkCover insurance coverage. The department’s WorkCover insurance coverage applies to all department workers in both schools and non-school locations. This includes:

• school staff
• work experience students
• structured workplace learning students
• practical placement students
• school volunteers (refer to Lodging a claim for further information)
• corporate staff (refer to the Workers’ Compensation Guidance (staff login required) for further information).

The department’s WorkCover insurance coverage does not apply to:

• most external contractors, even if engaged by a Victorian government school, including casual relief teachers engaged through a private agency, allied health professionals engaged privately or through agencies other than the department
• labour hire employees
• visitors
• consultants
• any staff or contractors employed via school council (local payroll).

If provided a claim form for any of the above persons who are not covered by the department’s workers’ compensation insurance, seek advice from the Workers’ Compensation team.

Roles and responsibilities in managing workers’ compensation

In alignment with the WIRC Act and the Safe and Well in Education Framework (PDF), managing workers’ compensation claims is a shared responsibility between the department, principals and their delegates (including return to work coordinators), and injured workers.

Department roles and responsibilities

The department must:

• act reasonably and with due diligence to ensure a safe and sustainable return to work for injured workers
• ensure the department meets, and that policies are consistent with, legislative requirements of the WIRC Act
• support schools to provide and maintain, so far as reasonably practicable, a safe working environment for school staff
• once a worker has a medical capacity to return to work and so long as it is safe to do so, support principals, their delegates or return to work coordinators to identify suitable duties at the school for the worker’s safe and sustainable return to work.

Principal (or their delegate, including return to work coordinators) roles and responsibilities

A delegate is a person authorised by the principal to fulfil the relevant task. This may include, but is not limited to, a return to work coordinator, an assistant principal or leading teacher, a business manager or other human resources (HR) administration staff.

Principals or their delegate must plan for a worker’s return to work by:

• following the required actions outlined for principals and return to work coordinators in the Lodging a claim chapter
• obtaining relevant information about the worker’s capacity for work
• considering reasonable workplace support, aids or modifications to assist the worker
• proposing options for the worker and their treating health practitioner to consider in returning to suitable or pre-injury employment
• monitoring the worker’s progress
• supporting the return to work process including through consultation directly with the worker, with their treating health practitioner (subject to the consent of the worker) and occupational rehabilitation provider (if involved).

Injured worker roles and responsibilities

Injured workers (workers) must:

• participate in the return to work planning process
• keep in regular contact with their manager, the agent and the occupational rehabilitation provider (if involved)
• where suitable or pre-injury employment is provided according to their capacity, make every reasonable effort to get back to work.

The Workers’ Compensation guidance outlined in the Guidance tab emphasises the department’s focus on early intervention and the importance of effective communication between injured workers, their return to work coordinator and their manager/workplace.

Definitions

Agent
The agent is appointed by WorkSafe to manage employers' WorkCover insurance and injured workers' compensation claims. Gallagher Bassett is the agent for the department. The agent must work closely with injured workers and return to work coordinators throughout the life of a claim. Their main responsibilities include ensuring injured workers are paid compensation of loss of wages, reviewing, approving and paying appropriate medical treatment, and providing return to work assistance. For contact information, refer to the Resources tab.

Injury
Injury means any physical or mental injury and includes industrial deafness, a disease contracted by a worker during the worker’s employment, and a recurrence, aggravation, acceleration, exacerbation or deterioration of any pre-existing injury or disease.

Liability
Liability means being legally responsible.

Occupational rehabilitation provider (ORP)
Return to work professionals (from an allied health background) that are experienced in dealing with workplace injuries and helping people return to work safely and sustainably. ORPs are independent from all parties including WorkSafe, the agent and the department. ORPs can be engaged to provide guidance and support on a claim by the agent, and can be requested by the return to work coordinator, the worker or the treating health practitioner.

For the return to work coordinator, an ORP will:

• support the department in meeting their obligations to support the worker
• help with navigating the return to work process by assisting in drafting return to work plans and proposals
• help with the coordination and communication of all parties
• assess the workplace and provide support with identifying suitable duties
• identify barriers to return to work and provide potential solutions
• facilitate case conferences and/or liaise with the treating health practitioner regarding return to work barriers and suitable resolutions
• provide advice on the provision of required aids, vocational assessment, and worker re-training.

For the worker, an ORP will:

• contact the worker and explain their role
• meet with the worker, their representative (if applicable), and the return to work coordinator to conduct a workplace assessment
• identify barriers preventing the return to work and monitor the worker’s progress
• facilitate upgrades in hours and/or duties
• contact the treating health practitioner and any other treater to discuss their injury and options for return to work.

Pre-injury hours or employment
The contracted hours the employee worked prior to sustaining their injury.

Return to work arrangement
An arrangement that is developed to help an injured worker return and stay at work in a limited capacity until they can return to their pre-injury work duties.

Return to work coordinator
The person appointed by the school who is responsible for assisting workers where safe and practicable, to remain at work while they recover or return to work following time away from work to recover. A return to work coordinator is required to have sufficient seniority to assist in fulfilling this role. A principal, assistant principal, business manager or HR officer is considered to have the appropriate seniority to perform this role. Return to work training is provided by the department – refer to the Resources tab for more information.

Significant contributing factor
For an injury to be eligible for compensation, the employment needs to be a 'significant contributing factor' to the injury. This means that the injury must be causally connected to the employment.

Suitable employment options
Employment in work for which the worker is currently suited based on medical information.

Treating health practitioner
The practitioner selected by the individual who has primary responsibility for the treatment and care of the injured worker. The treating health practitioner is responsible for the diagnosis and overall management of a worker’s injury or illness. The return to work coordinator can liaise with them to effectively plan an appropriate return to work plan for the injured worker.

Worker
Worker means an individual who performs work for an employer or agrees with an employer to perform work. Someone who is considered to be a worker under the WIRC Act.

Workers’ compensation
A form of insurance payment to employees if they are injured at work or become sick due to their work. This includes wages and treatment.

Related policies

• Equal Opportunity – Employees
• Occupational Health, Safety and Wellbeing Management in Schools
• OHS Consultation and Communication
• OHS Risk Planning and Management
• Privacy and Information Sharing
• Records Management
• Recruitment in Schools

Relevant legislation

• Accident Compensation Act 1985 (Vic)
• Accident Compensation (WorkCover Insurance) Act 1993 (Vic)
• Charter of Human Rights and Responsibilities Act 2006 (Vic)
• Equal Opportunity Act 2010 (Vic)
• Health Records Act 2001 (Vic)
• Occupational Health and Safety (OHS) Act (2004) (Vic)
• Privacy and Data Protection Act 2014 (Vic)
• Racial and Religious Tolerance Act 2001 (Vic)
• Workplace Injury Rehabilitation and Compensation Act 2013 (Vic)

The Victorian WorkCover scheme and WorkSafe are primarily governed by the WIRC Act for injuries or deaths arising out of accidents and diseases in the workplace on or after 1 July 2014.

Claims in respect to injuries or deaths arising out of accidents and diseases in the workplace before 1 July 2014 are governed by the Accident Compensation Act 1985.

Guidance

This guidance sets out the practical steps that all schools must follow to effectively manage workers’ compensation claims in schools.

The guidance contains the following chapters:

• Early intervention
• Lodging a claim
• Once a claim has been lodged
• The return to work process (for return to work coordinators)
• Leave and payroll management (for HR administration staff)
• Privacy and record keeping
• Dispute resolution
• Contacts and support

The Occupational Health, Safety and Wellbeing Management in Schools policy provides guidance materials available to also support schools in managing the health, safety and wellbeing of staff, contractors, volunteers and visitors in schools.

Early intervention

Early intervention aims to prevent or minimise the impact of a new work-related injury or illness, and the deterioration of any existing injuries or illnesses. Early intervention recognises the importance of early treatment and support in the workplace to facilitate return to work and return to health outcomes.

Benefits of early intervention include that it:

• creates a productive and supportive workplace
• demonstrates the employer’s commitment to supporting the health and wellbeing of its staff
• prevents long-term absence from the workplace and the development of chronic illness including secondary psychological conditions, by intervening and providing early support to prevent injuries from escalating
• improves and promotes a positive safety culture in schools and workplaces
• increases management involvement in the injury management process
• provides health and wellbeing benefits to staff associated with productive work
• reduces indirect costs to the school/workplace, such as lost productivity, recruitment and training costs for replacement staff by preventing staff taking time off work due to injury
• returns injured workers back to their activities and the ability to enjoy a healthy, active, socially engaged lifestyle
• improves injury outcomes.

School leadership teams can create a safe and supportive environment that protects workers by:

• implementing the OHS Risk Planning and Management policy and the Psychological Safety and Risk Management policy to ensure effective planning, monitoring and reviewing processes are in place, including an OHS risk register, workplace inspections and risk assessments to reduce the risk of injury
• implementing the OHS Consultation and Communication policy to ensure effective systems are in place to identify and consult on workplace hazards, including regular communication forums
• undertaking training in effectively managing health and safety in schools (refer to the Health, Safety and Wellbeing for school leaders training available for school leaders and business managers through the Victorian Academy of Teaching and Leadership)
• promoting the health, safety and wellbeing supports available to all workers, including the Employee Wellbeing Support Services and other expert supports
• actively supporting a strong reporting culture by encouraging school staff to report all hazards, risks, near misses, incidents and injuries to the principal or their delegate, using eduSafe Plus, and analysing these reports regularly
• if an injury does arise, taking quick action to contact the worker to discuss supports available to them.

Lodging a claim

When a worker can lodge a claim

If a worker is injured at work (PDF), they may be eligible for compensation under the department’s WorkCover insurance policy. A worker does not need to have time off from work to be eligible for entitlements. It is up to the worker whether they submit a workers’ compensation claim following a work-related injury or illness. If the claim is considered reasonable and/or necessary, the agent will support a worker with their medical and like expenses.

Please visit the WorkSafe Victoria website to understand the types of compensation an injured worker may be entitled to.

Use the New claim lodgement checklist form (DOCX) to assist with claim lodgement.

Actions for injured workers

Injured workers who wish to make a workers’ compensation claim should:

• complete an eduSafe Plus incident or injury report within 30 days of the incident or injury. If the worker is unable to complete an incident or injury report for any reason, the return to work coordinator is required to enter the incident or injury on to eduSafe Plus
• complete a worker’s injury claim form and provide this with a completed certificate of capacity certified/prepared by a medical practitioner (for example, a general practitioner), to the principal (in the case of employment at more than one school, this is the principal of the school which has management for the worker’s salary and leave entitlements) within 30 days if possible. Note:
  • the first certificate of capacity can cover up to the first 14 calendar days of days off work. From then on, the certificate of capacity is required to be provided for a maximum of 28 calendar days
  • if the forms are not submitted within 30 days, the return to work coordinator is required to provide all forms to the agent to review for liability purposes
• where possible, notify the principal or return to work coordinator, if appointed, of the need for leave and discuss the type of leave preferred to be applied in the interim until formal acceptance of the claim is confirmed
• keep the return to work coordinator informed about any progress and intentions regarding return to work and managing the injury, including medical treatment.

Workers have the right to:

• choose their treating health practitioners
• be legally represented
• have a support person during meetings with their return to work coordinator or in any other meeting they wish
• participate in the development of their return to work plan
• be consulted, involved and informed of any element regarding their claim
• have access to documents relating to their claim in the claim file managed by the agent.

Actions for principals or their delegates (including return to work coordinators)

If an injured worker makes a workers’ compensation claim, the principal, their delegate or the return to work coordinator must:

• acknowledge receipt of the claim in writing to the worker
• appoint a return to work coordinator, if not yet appointed. Refer to the Resources tab for return to work coordinator training
• for claims that include a mental injury:
  • forward Part A of the worker's injury claim form to the agent, including the completed and signed question 7, no later than 3 business days after receiving it from the worker
  • complete and forward Part B of the worker’s injury claim form, any certificates of capacity and the employer injury claim report to the agent no later than 10 calendar days after receiving Part A from the worker
• for claims for physical injury only:
  • forward the worker’s injury claim form Part A and B, any certificates of capacity and the employer injury claim report to the agent within 10 calendar days of receiving Part A from the worker
• if the principal/delegate or return to work coordinator believes that an injury/illness did not arise out of or in the course of employment, or arose from reasonable management action or serious and wilful misconduct, the principal/return to work coordinator should put a request to the agent when lodging the claim for further investigation with a description of their concerns around liability. The workers’ compensation team are available to support this process – refer to the Contacts and support chapter
• inform the worker of the claim being forwarded to the agent.

Note: The return to work coordinator must not delay claim lodgement if they have only received the worker’s injury claim form. Submit the form to the agent and forward the remaining documentation when received and completed.

Forms can be posted to:

Gallagher Bassett, Locked Bag 3570 GPO Melbourne, 3001

or emailed to educlaims@gbtpa.com.au

Note: The scheme registration number is 1624618.

Principal class officer claims

The department’s Return to Work and Compensation Team will appoint a return to work coordinator to assist and support principal class officers with their individual claims. Email rtwc.team@education.vic.gov.au or phone the Workers’ Compensation Team on 03 7022 0780 for assistance.

Volunteer claims

Volunteers are covered by the department’s workers’ compensation policy if they suffer personal injury in the course of engaging in school work on or off school premises (for example, school excursions).

For guidance about how best to support injured volunteers, schools can contact the Workers’ Compensation Team via phone on 03 7022 0780.

For more information on the OHS management of volunteers in schools, refer to the Volunteer OHS Management policy.

Once a claim has been lodged

A school’s responsibility to support an injured worker’s recovery and return to work begins as soon as the worker’s certificate of capacity or claim form for weekly payments is received, or from the date the school is advised by the agent that they have received these documents. A claim does not need to be accepted for the school’s responsibility to support that worker to begin.

The return to work coordinator must:

• support the worker through their return to work journey
• encourage the worker to access appropriate medical intervention as soon as convenient
• build a working relationship with the treating health practitioner of the worker to build awareness of their functionality and work capacity, including restrictions and capabilities.

Training is available to support return to work coordinators in their role. Refer to the Resources tab for further information.

Provisional payments

Workers who are claiming they have sustained a mental injury at work can access early treatment and support while they wait to hear if their claim has been accepted. Access (and payment) for this early treatment is called provisional payments and they can be accessed by the injured worker for reasonable treatment and services for up to 13 weeks, even if their claim is rejected. This gives workers a better chance of a full recovery and reduces the risk of exacerbating their injury.

The agent will notify the worker of whether they are entitled to provisional payments, usually within 5 business days of the claim being lodged.

For information about supporting the injured worker, entitlements to provisional payments, and step-by-step advice, see WorkSafe Victoria’s Provisional payments: information for employers guidance.

Claim classification

When a claim has been lodged, the agent will confirm receipt of the claim by email, and will provide the return to work coordinator and injured worker with a claim number. The confirmation email will note whether the claim has been registered as a:

• minor claim: unlikely to exceed 10 days of time off work
• standard claim: has or will exceed 10 days of time off work and it has been accepted
• pending claim: the claim is under review by an eligibility officer to determine liability, awaiting further investigation (see further information below).

The agent will decide if a claim is accepted or rejected, based on workers’ compensation law. The agent will inform the injured worker and the return to work coordinator of the decision. A worker has the right to appeal a decision of the agent (refer to the Dispute resolution chapter). The return to work coordinator can support the injured worker through this process.

Pending claims

Where the agent decides that a claim requires investigation before making a decision, and further information is requested from the worker or the department to inform the decision, the agent will mark the claim as a 'pending' claim.

The agent has up to 28 days to determine whether or not to accept the claim. If a decision cannot be made by day 28, they will mark the claim as pending and discuss this with all parties.

If the return to work coordinator believes a claim should be made a pending claim (for example, to allow for the acquisition of further information), they must notify the agent at the time of forwarding the workers’ injury claim form to assist the agent with their review.

During the pending phase, the return to work coordinator must:

• start return to work planning without delay
• send all received paperwork including certificates of capacity, invoices and accounts to the agent and retain copies
• not pay compensation for wages until a liability decision has been made. The interim workers’ compensation leave codes to use for a claim in the pending phase are 637/655
• if notified that the claim is rejected, follow the further instruction that is provided by the agent
• if the worker is entitled to provisional payments, they can claim the reasonable costs of treatment for their claimed mental injury (see ‘provisional payments’ above). Invoices should be provided to the agent for reimbursement directly to the worker.

If a claim is marked as pending, the agent may request further information in the following ways:

• Independent medical examination – an independent medical examination may be arranged to seek an independent medical advisor’s comment on the worker’s clinical diagnosis and current work capacity and to determine whether the claimed injury is work-related. This report can help to determine medical, treatment and claims liability as well as entitlement issues.

• Circumstance investigation – a circumstance investigation may be arranged to determine the facts surrounding an injury to support the agent’s decision about whether a claim should be accepted. The investigators may ask for the following documents or information from the return to work coordinator:

  • leave records
  • pay history
  • conduct issues
  • statement of expectations
  • contract of employment
  • employment history
  • results of any pre-employment medical examination
  • current position information (job description)
  • eduSafe Plus reports/incident reports
  • relevant policies relating to the claimed injury
  • prior claim or injury information
  • investigators may also request to take photos or access CCTV footage if relevant to the injury circumstances.

  Part of the investigation will involve seeking witness statements from the injured worker, staff mentioned in the claim form and the return to work coordinator. This will involve the circumstance investigator asking to conduct witness interviews with people who might have information about the claim. There is no obligation for any person to provide a statement, however if a statement is provided, the investigator will seek information to understand the sequence of events leading up to the injury, and any information that is related to the incident or injury.

• Treating Health Practitioner information – the agent may request clinical notes and/or a report from the treating health practitioner to gather information about the claim.

If the agent decides to reject the claim after the pending stage, the injured worker has the right to appeal (refer to the Dispute resolution chapter).

The return to work process (guidance for return to work coordinators)

The role of a return to work coordinator in a school

The appointed return to work coordinator must have an appropriate level of seniority and competency to meet obligations required of the school. This means that the appointed return to work coordinator must be able to consistently support the worker, through open and collaborative communication, and be in a position to make decisions about their return to work options. In a school, this could include, but is not limited to:

• the principal
• an assistant principal or leading teacher
• a business manager or other human resources (HR) administration staff.

For principal claims, the return to work coordinator will be selected from the dedicated Return to Work Coordinator Team within the department.

Return to work coordinators must complete the mandatory Return to Work Coordination eLearn available on LearnEd (staff login required) on commencement of their role and every 2 years to maintain their knowledge. There is also a variety of other training available for return to work coordinators to assist with efficient management of workers’ compensation claims and to better support workers in their safe and sustainable return to work. For more information, please refer to Training opportunities on the Resources tab.

A return to work coordinator is the key person in a workplace that assists workers to remain at or return to work as soon as safely possible after an injury. While it is important to comply with the legal obligations of a return to work coordinator, it is even more important to consider the worker’s wellbeing, their needs and changing circumstances. Meaningful discussions will help build trust, which can lead to positive impacts on the worker’s return to work and recovery journey.

The Advice of nominated return to work coordinator template (DOCX) can be used to notify the worker of the coordinator’s appointment and provide them with an overview of the workers’ compensation process.

For information on the obligation to appoint a return to work coordinator and what the role involves, refer to WorkSafe’s Return to work coordinators: Information for employers.

Discrimination must be avoided in all circumstances. Discriminatory conduct includes the following behaviours:

• dismissing, or threatening to dismiss, a worker from employment due to the worker pursuing a claim for compensation or for notifying an employer or WorkSafe of an injury
• altering, or threatening to alter, the position of a worker to the worker’s detriment, due to the worker pursuing a claim for compensation or notifying an employer or WorkSafe of an injury
• treating a worker less favourably than another worker in relation to promotion or re-employment, due to the worker pursuing a claim for compensation or notifying an employer or WorkSafe of an injury.

For more information refer to the Equal Opportunity – Employees policy.

There are key stakeholders that the return to work coordinator needs to be aware of and liaise with over the course of a claim. Refer to the Policy tab for definitions of the agent, treating health practitioners and occupational rehabilitation providers (ORPs).

For information on training available for return to work coordinators, refer to the Resources tab.

For further information on the basics of the return to work coordinator role, refer to WorkSafe’s The basics you need to know.

Employer obligation period for suitable duties and pre-injury employment

The department must provide workers with suitable duties and/or pre-injury employment for a period of 52 weeks. This period starts when the principal, delegate or return to work coordinator:

• receives a certificate of capacity or
• receives a claim for compensation or
• is notified by the agent that the worker has made a claim or provided a medical certificate.

Return to work coordinators need to ensure suitable duties are identified and offered during this 52 week period. This period may not be 52 consecutive weeks (or a full calendar year), as the 52 week period only takes into account those days when the worker is unable to do their full pre-injury duties and hours. The agent will be able to support the return to work coordinator with calculating this period for records (refer to the Contacts and supports chapter for agent contact details).

Note: The department’s WorkSafe agent or Workers' Compensation Team can explain the various factors relevant to calculating this period and can provide the return to work coordinator with an estimated employer obligation end date. Please note that the employee’s contract does not terminate if duties are withdrawn. The worker will continue to be an employee of the school.

Communication with an injured worker

The Return to Work Coordination eLearning module available on LearnED provides advice on adopting a person-centred approach and communicating effectively with workers.

Return to work coordinators can best support an injured worker by:

• meaningfully connecting with them as soon as they are aware of the injury, and letting them know you are there to support them through the process
• contacting them to discuss their wellbeing and showing genuine thought regarding their recovery and any matters that are relevant and/or important to them and the claim
• communicating in a timely manner to ensure injured workers receive the right information at the right time to avoid any inconveniences and risks that may affect their recovery or return to work journey
• taking a person-centred approach to communication, by tailoring communication to target the workers needs and wants, including through:
  • two-way communication and open-ended questions
  • considering their abilities and skills, focusing on strengths and weaknesses to provide appropriate support, and not focusing on labels, diagnosis or deficits
  • focusing on the personal goals of the worker and working together to determine the resources required to support these, rather than pre-determining resources or suggestions without consultation
  • considering the worker’s unique circumstances and life experience, age, gender, culture, heritage, and beliefs to identify and tailor the support offered
• creating a communication plan with the worker, including discussing the worker’s preferences for the timing, method and frequency of contact you will have together, to ensure the worker is comfortable
• keeping them in the social loop and having interactive communication, by including them in group emails and inviting them to work meetings and functions (where appropriate), sending newsletters and updates about any announcements.

For further resources on using a person-centred approach, refer to the Resources tab.

Planning the return to work

In general, working is good for our health and wellbeing. Return to work coordinators will help workers remain at, or return to, work as soon as safe to do so after an injury or illness, in line with their capacity. The return to work coordinator must plan for a worker’s return to work to the extent that it is reasonable to do so. It is recommended that the return to work plans are completed in collaboration with the worker and their treating health practitioner for at least the 52-week obligation period.

Return to work coordinators can use the following documents to support them through this process:

• Return to work plan template (PDF) – the template required for drafting and approving return to work plans for workers
• Guide to completing a return to work plan (DOCX) – providing the return to work coordinator with guidance on how to complete a return to work plan
• Task cards (DOCX) – a detailed description of the physical and environmental demands of each role, including space to record suitable duties and seek treating health practitioner approval
• How to complete task cards part 1 (DOCX)
• How to complete task cards part 2 (DOCX)
• Return to work plan form (PDF) – the form used to document the worker’s return to work plan
• Completing a return to work plan – guide (DOCX) – provides guidance through the steps and completing a return to work plan
• Treating health practitioner return to work planning fax – email template (DOCX) – an email template that can be sent from the return to work coordinator to the treating health practitioner to seek approval of a return to work plan
• Treating health practitioner return to work planning letter (DOCX) – an email template that can be sent from the return to work coordinator to the treating health practitioner to obtain recommendations to assist with return to work planning for both mental and physical injuries.

The following key return to work elements must be followed when planning a return to work to ensure the right information is sought and the right support is provided to the worker.

1. Obtain relevant medical information from the treating health practitioner

The return to work coordinator must obtain adequate information from the worker’s treating health practitioner to understand how the worker can return to work safely, and in line with their current condition and capacity.

Generally, the current certificate of capacity issued by the worker’s treating health practitioner will have information regarding the injured worker’s capacity for work and any medical restrictions. If the available information is not sufficient or clear, the return to work coordinator can request further advice from the treating health practitioner/s, including:

• the nature of the worker’s injury or illness
• the worker’s current work capacity
• any restrictions and/or barriers on specific tasks or activities. Task cards (DOCX) can be provided so the treating health practitioner is fully informed of the duties that exist and the role’s inherent requirements
• how to safely upgrade or reduce hours and/or duties depending on their response to their return to work
• other factors that may affect the injured worker’s recovery or capacity.

2. Understand the barriers to return to work

The process of recovering from a work-related injury can be challenging and will often present the worker with a range of barriers preventing the return to work. Return to work barriers can be medical, logistical or interpersonal, such as the worker being worried about reinjuring themselves, thinking they don’t have ability or skills to do the work, or concerns about stigma or lack of understanding of mental health issues in the workplace. Understanding these barriers is the best way of supporting the worker in overcoming them.

It’s important to note that workers will not always share the barriers unless they feel that the employer will be supportive in overcoming those barriers. As a return to work coordinator:

• consider the situation from their perspective – what barriers outside of the medical condition could potentially prevent a return to work?
• ask open questions about what concerns the worker might have about returning to work
• build a strong rapport to get a better understanding of the injured workers barriers.

3. Consider reasonable workplace supports to overcome barriers to return to work

Once aware of the barriers to returning to work, consider potential solutions. Often the barriers that prevent a successful return to work will also impact the worker’s personal life. Proposing return to work plans that minimise that personal life impact will have a far better chance of being supported.

Not all barriers to return to work have an immediate solution, however it’s best practice to consider what a return to work can look like as the impact of barriers subside and workplace supports can be put in place. Consider the below when working through the workplace supports:

• how the barriers can be addressed (even if they are not related to the medical condition)
• what reasonable workplace adjustments can be made to overcome the barriers
• use the task cards to consider alternate duties that might assist in the return to work process
• discuss potential solutions with the worker, to find out if they have any suggestions that might be reasonable to put in place. For example, if the worker has a medical restriction on their capacity to walk, you may be able to offer a car park close to their building; or if the worker has reduced confidence following their injury, you may consider teaming them up with a mentor, so that they have additional support.

4. Regularly engage and consult with the worker

It is important for the return to work coordinator to take the time to make regular contact with the worker and check in with them to offer support and assistance. Staying connected with the workplace can support the worker to stay positive about recovering and returning to work. Consultation will allow the worker to contribute to their return to work planning through feedback and will promote the ability of the worker in returning to work.

Alongside the worker, it’s important that the return to work coordinator consults with all stakeholders relevant to the claim, including the agent, the treating health practitioner and occupational rehabilitation provider (ORP) (if applicable), about the best way to support the worker in their recovery. Any suggestions can be discussed with the worker and built into the return to work plan, where appropriate.

For more information, refer to Communication with an injured worker.

5. Check in with the worker when they return to work

It’s important to assess the effectiveness on any workplace supports after implementation. Sometimes the first solution for a return to work barrier may not be the best one. It is best practice to schedule check in meetings through the first week of any new workplace supports to ensure that they are having the desired effect in reducing the impact of the return to work barrier. The return to work coordinator can:

• book the next catch up before the worker goes home after their first day
• ask whether the return to work is having any other negative flow on effects that that were not originally considered
• continue to monitor progress of the return to work.

6. Monitor the worker’s progress

Information gained through monitoring the worker’s progress must be considered as part of the ongoing return to work planning. In monitoring the worker’s progress, return to work coordinators can consider the following:

• changes in the worker’s current work capacity
• their progress towards their short-term and long-term return to work goals
• changes in their injury or condition
• changes in their individual circumstances that may affect their return to work
• their transferable skills and training needs.

Whilst drafting the return to work plan, support is available from the agent, the ORP (if applicable) or the department’s Workers’ Compensation team.

When a worker has no capacity for work

If the worker has no capacity for employment, the return to work coordinator must:

• still plan for their return to work and continue to do so in anticipation of the worker building and regaining their current work capacity
• continue reviewing each certificate of capacity that is received, to keep up to date on the injured worker’s restrictions, current work capacity and treatment plan
• maintain regular contact with the worker and the Agent to collaborate about return to work matters
• continue to check in with the worker to have discussions regarding their wellbeing.

For information about funding support to employ a replacement or support person for the injured worker, refer to the Leave and Payroll Management chapter.

Temporary return to work placement

Temporary return to work arrangements are put into place when medical information states that the worker has a current work capacity, but no capacity to work at their pre-injury school/location. If the agent or ORP consider that a temporary return to work placement is suitable for a worker’s circumstances, the agent or the ORP must raise this with the Workers’ Compensation Team in the department. An application must be completed by the agent or the ORP, and this is reviewed by the Workers’ Compensation Team.

If this application is approved, the Workers’ Compensation Team will contact the return to work coordinator. The return to work coordinator will then be responsible for sourcing the temporary return to work placement location, by connecting with neighbouring schools and networks to identify opportunities for the worker. The department funds temporary return to work placements to enable the provision of alternative duties for workers. The return to work coordinator will continue to support the injured worker during their participation in a temporary return to work placement.

A worker is required to complete the Authority to exchange medical and claim information form (DOCX) to provide consent to the base school to discuss their claim information for the purpose of the temporary placement with the temporary return to work locations. Support is available to return to work coordinators in locating a temporary placement, contact the Workers’ Compensation Team on 03 7022 0780.

Note: Temporary return to work arrangements are only a short-term option and are reviewed on a term-by-term basis.

Return to work issue resolution procedure

A verbal or written return to work complaint or concern can be raised by the worker, the representative of the worker, the return to work coordinator, the ORP, or the treating health practitioner.

When a complaint has been raised, the following procedure must be adopted:

1. Convene a meeting: as soon as possible but no longer than 20 days after the return to work issue is reported. The return to work coordinator must arrange a meeting with the worker and applicable parties to resolve the issue.
2. Document agreed outcome: if the parties reach an agreed outcome, the return to work coordinator must provide a document detailing the agreed outcome to all related parties.
3. Status and duration: the agreed procedure will come into effect on the date it has been signed and will be reviewed in 12 months from the date of signing.
4. If an agreement is not reached: the agent must be notified if an agreed outcome has not been reached within 14 calendar days of the first return to work issues resolution meeting.

A Return to work issue resolution procedure template (DOCX) reflecting the above procedure is available for return to work coordinators.

Return to work inspector

WorkSafe Victoria regularly monitor active claims. Where a worker’s return to work has not been achieved, a return to work inspector may visit the workplace to provide advice and information to assist the school and the worker with meeting their obligations. A return to work inspector can look into matters where it is believed there is a breach of employer obligations to provide suitable duties to the worker.

Refer to the WorkSafe Victoria website for more information on return to work inspectors.

The Workers’ Compensation Team within the department is available to support the return to work coordinator throughout this process. Once it has been flagged that an inspector visit will occur, an Injury Management Specialist from the Workers’ Compensation Team will make contact with the return to work coordinator prior to the visit. Refer to the Contacts and supports chapter for contact information.

Leave and payroll management (for HR administration staff)

The advice provided in this section is for any staff member who is responsible for the processing of payroll including workers’ compensation payments within the school.

To start processing entitlements in eduPay

Claim acceptance process

Once a claim is accepted by the agent, any existing personal leave absence related to the injury that has been processed in eduPay and connected to the worker’s claim must be voided and re-processed as workers’ compensation leave. Please refer to the Claim acceptance process guide (DOCX) (staff login required) for further instructions.

Follow the Claim number validation instructions (DOCX) (staff login required) within the guide to link the worker to the claim number to ensure it is validated and can then be selected when entering workers’ compensation leave.

The return to work coordinator or HR administrator is recommended to check the workers’ compensation claim data page in eduPay for school staff with claims to confirm the claim is linked to the staff member. If there are no claims listed, follow the Claim number validation instructions within the guide to link the worker to the claim number.

The following leave codes apply:

• For the first 10 working days of absence, the appropriate leave code is 741: WorkCover Below Threshold. The first 10 days are paid by the department, and any subsequent days are paid by the agent. The 10 days may be made up of full or partial days, that is, if the worker is absent for part of a day, this is counted as one of the first 10 days.
• Public Holidays are not part of the first 10 days – eduPay will automatically exclude public holidays from the calculation of the first 10 days of absence. If a public holiday falls within a worker’s first 10 days of absence, this will extend the period of 741 leave. The HR Administrator will need to take this into account as eduPay will not allow further leave to be entered until the 741 leave has been fully exhausted.
• If the absence continues beyond 10 working days, the leave code 641: Unfit for Duty Make-up Pay (MUP) should be used. This code is also used where the injured worker is undertaking a return to work arrangement. In this situation leave dates must also be processed for the hours the worker is absent.

For more information on make-up pay, refer to Processing weekly entitlements below.

Pending or rejected claims

While the agent is assessing a claim (after the claim has been submitted but before a decision has been reached by the agent about whether to accept it), any absences related to the injury must be processed using the WorkCover interim leave codes, which use the worker’s personal leave credits. On receipt of the worker’s certificate of capacity, enter the leave using the dates recorded via the Manage Leave > Add Workcover/TAC tile (enter ‘TBA’ in place of a claim number).

• Where the worker has sufficient personal leave credits use code: 637: Sick WorkCover Cert Paid.
• Where the worker has insufficient personal leave credits use code: 655: Sick WorkCover Cert Unpaid.

Where a claim is rejected, the worker does have the opportunity to dispute the decision so may continue to submit certificate of capacity which can continue to be processed as above. Otherwise, the worker may elect to access other leave entitlements available to them.

Pre-injury average weekly earnings

When a claim is accepted, the agent will request the worker’s pre-injury average weekly earnings (PIAWE) to calculate compensation. This information is only required once per claim and can only be generated when a claim number is linked to a worker.

To generate the PIAWE report, please refer to PIAWE instructions (DOCX) (staff login required).

Processing weekly entitlements

Pay rates

The ‘weekly compensation rate’ is the rate of pay that the injured worker will receive for any time lost from work. Compensation for time lost from work is calculated on a weekly basis. The calculation is based on the injured worker’s pre-injury average weekly earnings (PIAWE) for the 12 months prior to the injury. If the injured worker has more than one employer, the PIAWE is based on a combination of these earnings.

It is important to ensure that the PIAWE is correct on the ‘Employers Injury Claim Report Form’ and that the correct PIAWE is entered into eduPay.

Information about the calculation of weekly payments can be found on the WorkSafe website. It’s important to note that this does not affect the workers’ compensation make-up pay (MUP) (erfer to overview on Make-up pay entitlement below).

For support with the rate of payment contact the agent.

For support with updating eduPay, contact Schools HR Services on 1800 641 943.

Certificate of capacity

A valid certificate of capacity provides important information about the worker’s capacity for work. Workers must provide these for the agent to reimburse the department for weekly wages.

The return to work coordinator must review every certificate of capacity received from the worker before making payment for time off work.

All certificates of capacity received by the school must be forwarded to the agent within 5 calendar days of receipt.

For information on certificates of capacity refer to the WorkSafe Victoria website, or Certificate of capacity – example (PDF).

Current weekly earnings

Current weekly earnings must be submitted to the agent throughout a claim when a worker is working less than their full pre-injury hours in any given week. These cannot be submitted in advance as they must be an accurate representation of hours worked.

The Current Weekly Earnings page on eduPay generates a report that return to work coordinators can provide to the agent. These must be generated for any worker in receipt of workers’ compensation who is participating in a return to work program and emailed to the assigned case manager at the agent, after the pay fortnight has been finalised.

Ensure all leave entries are up to date on eduPay prior to running this report. Refer to the Current weekly earnings instructions (DOCX).

Make-up pay entitlement (Leave codes 741 & 641)

At the department, injured workers are entitled to Make-up pay (MUP) of 52 weeks – 1,984 hours for a full-time employee, pro rata for part-time workers. MUP bridges the gap between the payable rate determined by the agent and what the worker would have been entitled to be paid had they not been injured. Any absence after the 1,984 hours has expired does not attract MUP and the worker is paid according to the applicable compensation rate. If a worker returns to work for intermittent periods during their claim, then the aggregate MUP period is applicable. Schools should accurately record all absence days/hours on eduPay that the worker does not work. The industrial agreements are available through the following link: Industrial Agreements: Resources.

During the MUP period, workers continue to accrue other leave entitlements. Please note:

• there is no further entitlement to MUP if employment with the department ceases
• the Workers’ Compensation team will contact the return to work coordinator to advise that MUP will be ceasing soon and provide advice on contacting the worker to advise them of the same
• if, after injury, the worker alters their work time fraction their MUP will then be calculated on the pay that is applicable to the altered time fraction.

Make Up Pay (MUP) Entitlement Balance Instructions (DOCX) (staff login required) provide a step-by-step guide to view the injured worker’s MUP entitlement balance in preparation for the transition to the post MUP period (compensation only).

When the MUP entitlement has been exhausted

When the worker has been on WorkCover leave with absences totalling 1,984 hours (pro rata for part time workers), they are no longer entitled to MUP. At this stage, the return to work coordinator is required to transition to code: 636 WorkCover POST MUP.

Leave and ending payments

Leave recording and eduPay codes

It is the responsibility of the return to work coordinator to ensure that the payroll delegate has the information required to correctly process weekly payments to the worker.

Please refer to the processing weekly compensation payments guide (DOCX) (staff login required) for assistance with processing weekly compensation and recording of absences.

Workers’ compensation leave and accrual of other leave

Workers on workers’ compensation leave continue to accrue their full entitlements to personal leave, recreation/annual leave and long service leave during the period they are entitled to receive MUP, i.e., the first 1984 hours of accumulated absences (pro rata for part time workers).

At the conclusion of the MUP period, workers on return to work programs will continue to accrue leave entitlements on a pro rata basis, according to the number of hours worked. After a worker has exhausted their MUP period, the return to work coordinator or HR administration staff must regularly request the weekly compensation rate from the agent. Current weekly earnings are required to be submitted to the agent if the worker is participating in a partial return to work. If the worker’s weekly earnings change, the compensation rate will also change and confirmation of the new rate must be requested from the agent.

Sometimes when processing this leave there may be a need to alter or adjust the compensation rate to pay the worker correctly – usually when the change from MUP to post make up pay occurs during the week.

In eduPay, the amount used in the Claim Rate/Week box is the amount the system will pay – it cannot distinguish any change that may happen midweek.

Note: return to work coordinators must advise the Agent where there is a change in the worker’s capacity, that is. if a worker had been completing pre-injury hours on modified duties and has since had a reduction in hours due to their injury.

For detailed assistance regarding HR processes, refer to Teaching Service and HR Administration.

Further assistance is available by contacting Schools HR Services on 1800 641 943.

Workers’ compensation leave and other entitlements

The following entitlements are payable to workers on workers’ compensation leave during the make-up pay period.

• Higher duties: Remains payable to expiry date if the higher duties have been performed continuously for a period of no less than 12 months immediately prior to the claim being lodged. If higher duties were paid for a period less than 12 months, then this will continue for a period of one (calendar) month into the claim (or to the expiry date if sooner).
• Special schools allowance: Payable only for the first month of workers’ compensation leave.
• Intensive care allowance: Payable for the duration of the MUP period.
• Special payments: Special payments to workers for undertaking tasks designated by the principal are payable for up to one month or until the expiry of the assignment, whichever is sooner. Workers in receipt of special payments for a continuous period of 12 months prior to the taking of paid leave (during workers’ compensation MUP period) will continue to receive the payment during the MUP period.
• Remote allowance: Payable for the duration of the MUP period.
• Salary leave loading and position allowance: Payable for the duration of the MUP period.
• First aid allowance: If the allowance has been paid continuously for a period of no less than 12 months prior to the claim, the allowance is paid for the first two weeks of workers’ compensation leave. If it has been paid for less than 12 continuous months immediately prior to the claim, the allowance is paid for the first 3 days of workers’ compensation leave.
• Employer superannuation contributions will continue to be paid for workers in a defined benefit scheme.

Workers’ compensation leave and personal leave

Personal leave cannot be paid in the same period during which a worker is receiving workers’ compensation weekly payments. The only exception to this is when workers on return to work programs may need to use personal leave for a non-workers’ compensation related illness, if the absence coincides with one of the scheduled workdays of the program. For example, if a worker with a shoulder injury cannot work on a scheduled return to work day due to flu related illness, that absence must be recorded as personal leave, not workers’ compensation. Workers on workers’ compensation leave do, however, have the option of accessing annual leave or long service leave to which they are entitled.

Attendance at insurer-arranged medical examinations and conciliation conferences

Workers who have resumed duty and are required to attend a workers’ compensation conciliation conference are considered to be on duty whilst attending the conference. In most cases attendance at a conciliation conference would involve a maximum of 4 hours’ absence from the workplace.

A worker who is on duty at the time they are required to attend an independent medical examination organised by the agent must be released from duty to attend that appointment. The agent will meet the cost of the attendance where the return to work coordinator submits a request for wage reimbursement attached to the medical notification. Leave of absence for this purpose is limited to 4 hours for metropolitan based staff, and 1 day for workers outside the metropolitan area.

Workers’ compensation leave, salary, overpayments and payroll deductions

If a salary overpayment occurs, the provisions of the Financial Management Act (1994) require the return to work coordinator to implement debt recovery action. For further information concerning leave and salary overpayments please contact Schools HR Services (1800 641 943) for school-based worker claims.

Termination of the claim by the insurer

If the agent terminates a worker’s claim this does not change the worker’s employment status. The worker remains employed at their base school, and the school will be notified that the worker is no longer entitled to weekly payments from an effective date. At this stage the staff member will have the following options available:

• returning to pre-injury work if medically certified to be fit for normal duties (clearance certificate)
• accessing personal leave with appropriate medical certificates
• taking other accrued leave, if entitled to it
• taking leave without pay for a predetermined period
• accessing temporary disability benefits through their superannuation, if entitled. The worker can work with their superannuation fund to consider their eligibility for these benefits.

If for medical reasons the worker is unable to resume duties and wants to access personal leave, they must make a written application to the return to work coordinator requesting a period of personal leave. Applications for personal leave must be supported by a medical certificate confirming that the worker is not fit for duty. Applications for personal leave will be considered by the principal and will not be unreasonably refused.

If the worker continues to submit WorkCover certificates, use the following leave codes:

• where a worker with a WorkCover certificate has sick leave credit use code 637: Sick WorkCover Cert Paid (enter ‘TBA’ in place of claim number)
• where a worker with WorkCover certificate has exhausted their sick leave use code 655: Sick WorkCover Cert Unpaid (enter ‘TBA’ in place of claim number).

Where a worker’s compensation payments have been ended by the agent (in writing), the worker should provide a medical certificate issued by their medical practitioner before resuming any duties to confirm their capacity to return to work. The return to work coordinator may also identify the need for an Independent Medical Examination – Fitness for Duty. Advice concerning the arrangement of medical examinations and health related resumption of duty issues can be obtained from the department’s Medical Advisory Service on 03 9692 7756.

Funding

Responsibility to seek reimbursement

The school must seek reimbursement of weekly payments from the agent within 3 months of making payments to the worker.

Reimbursement is sought by submitting certificates of capacity to the agent and, when the worker has returned to work, Current Weekly Earnings (CWEs) to the agent. If the request is not made within 3 months after the period being claimed, right to reimbursement may be forfeited.

Student Resource Package workers’ compensation costs (school-based workers)

All schools receive a Student Resource Package (SRP) workers’ compensation budget allocation based on the average claims cost rate for each school type. Further information on SRP workers’ compensation costs and budget allocations can be found in the ‘Guide to the Student Resource Package’ on the Student Resource Package – Overview resources page (search ‘workers’ compensation’ within the relevant guide to find specific information, including links to the Workers’ compensation summary statement for budget allocation and costs).

SRP return to work funding

Return to work funding aims to assist schools to support the injured worker to return to work.

The return to work coordinator is able to request and claim return to work funding if the school has employed a replacement or support person for the injured worker. Funding will only apply to the hours the injured worker is working. For further assistance, refer to the Return to work funding instructions (DOCX) (staff login required).

Relief costs

For the first 10 days of workers’ compensation leave, schools must meet the replacement staff costs incurred.

For workers’ compensation leave between 11 and 30 days, schools can seek Short Term Leave Reimbursement (STLR) when they are required to engage a replacement staff member to cover the absence of an injured worker.

For workers’ compensation leave beyond 30 days, part or all the salary of the injured worker on workers’ compensation leave is charged outside the SRP. This means SRP can be used to meet the costs incurred in replacing the injured worker on workers’ compensation leave.

Further information on relief costs is available from the department SRP website Student Resource Package – Overview.

Privacy and record keeping

Privacy

The management of worker’s compensation claims includes access to confidential information about the worker. The return to work coordinator will be required to handle and store health records (for example, certificates of capacity) and other personal information. Return to work coordinators can ensure they are compliant with privacy requirements by following the department’s Privacy and Information Sharing policy.

Hard copy or physical files must be securely locked away to be kept private and confidential. These documents must be stored separate to personnel files with only appropriate staff provided access. Soft copy or electronic files are subject to the same criteria and so must also be secure with access only available to appropriate staff.

The worker’s file is not to be sent to any school or department workplace on rehire, transfer or promotion. This file remains at the school/workplace.

For support or privacy concerns, including the sharing of health information, contact the agent or review the Privacy and Information Sharing policy.

Record keeping

Return to work coordinators are responsible for the management and disposal of records for school staff, as per the Records Management policy, including creating and managing new records electronically and avoiding creating and managing records in hard copy.

All schools have access to the eduSafe Plus system (staff login required) to electronically manage their workers’ compensation records. By using this system, schools can be better supported by the central Workers’ Compensation Team and regional OHS service officers.

Return to work coordinators must also follow the Privacy and Information Sharing policy.

All documentation and ongoing correspondence relating to the claim must be stored, including:

• a copy of the original ‘Workers’ injury claim form’
• a copy of the ‘Employer injury claim report’
• the eduSafe Plus incident report
• copies of any VWA certificates of capacity
• copies of any medical accounts
• copies of ‘Return to work arrangements’
• copies of ‘Current weekly earnings forms’
• all emails in relation to the claim
• occupational rehabilitation reports
• correspondence to and from the agent. If necessary, keep records of important conversations with the agent
• a running sheet documenting planning and consultation, for example, phone conversations to relevant parties, meetings and other communications with the injured worker, treating health practitioners, rehabilitation providers, and so on. Record these on the file note sheet on eduSafe Plus.

All schools have access to the workers’ compensation claims management function within eduSafe Plus, and the return to work coordinator can manage workers’ compensation claims via this electronic system. For training on the use of eduSafe Plus, refer to Training opportunities on the Resources tab.

For further information and support:

• contact the OHS Advisory Service and regional OHS service officers for help with reporting or managing incidents and hazards in eduSafe Plus
• refer to the Knowledge Base for frequently asked questions and the eduSafe Plus training schedule
• for detailed information regarding the reporting of school incidents, including WorkSafe notifiable incidents, refer to the Managing and Reporting School Incidents (Including Emergencies) policy.

Retention and disposal of records

The School Records Retention Guide (staff login required) outlines how long common types of school records need to be kept, to assist schools in assessing if records are ready for destruction. Information regarding minimum retention periods and related information, including disposing records, can be found in the Records Management policy.

The eduSafe Plus Knowledge Base (staff login required) has reference guides to support return to work coordinators with key processes for record keeping and management of workers’ compensation claims on eduSafe Plus, reporting and critical incidents and answers to frequently asked questions. To access these guides, open the Knowledge Base, click ‘Resources for principals and delegates’, and then click ‘Workers’ Compensation’ – all available resources will be listed.

Dispute resolution

If a dispute arises regarding the agent’s decision to accept or reject a claim, it is in everyone’s interest to resolve it fairly and quickly to avoid litigation.

The return to work coordinator must support a worker throughout the claims process. This obligation extends to workers who are participating in a workers’ compensation dispute.

If the worker and the agent are unable to reach a resolution, the worker has the right to appeal the decision through the options below.

If the worker exhausts all dispute options and the claim remains rejected, the return to work coordinator will no longer have any obligations under the WIRC Act and the school must support the worker in accordance with the same obligations relevant to staff with non-work related injuries.

Workers can access further information about dispute resolution via WorkSafe’s Introducing WorkSafe – A guide for injured workers page.

Please refer to the Return to work issue resolution procedure (DOCX) for guidance on the complaints process.

Senior review (agent internal review)

A worker has the right to request, verbally or in writing, an internal review of the decision made by the agent by a more senior person at the agent, who was not involved in making the decision subject to the dispute.

The senior agent reviewer will inform the worker in writing of their decision to either maintain, withdraw or vary the original decision. The worker may accept the senior reviewer’s decision or may take the dispute to conciliation.

Conciliation

Conciliation is an informal and free service, bringing together the worker, the agent, the return to work coordinator and any representatives for those involved in the dispute. The aim of this service is to facilitate an agreement between the disputing parties. Conciliations are run by a Senior Conciliation Officer at the Workplace Injury Commission.

The worker can apply for conciliation if:

• the agent has made a decision on their claim, and they do not agree with that decision or
• the agent has not responded to a request or has not made payment on their claim within a reasonable time.

Applicants can submit a request for conciliation to the Workplace Injury Commission with a conciliation form (PDF) within 60 days of the agent’s decision and if more time is needed, they must apply for an extension of time.

For more information, refer to the Workplace Injury Commission website.

Possible conciliation outcomes

• Resolved: If the dispute is resolved by agreement, the Workplace Injury Commission will issue a certificate outlining the agreement and all parties are bound to abide by the agreement. Refer to Leave and payroll management for further details regarding processing payments.
• Pause: The conciliation officer may pause the conciliation so more information can be gathered.
• Recommendation: The conciliation officer may provide a recommendation and if this is accepted by the injured worker and the Agent, then the matter will be considered as resolved.
• Direction: In the case where the conciliation officer believes the agent’s decision is void as there is no information supporting their decision, they will have the power to make a decision, and this is called a direction.
• Medical panel: A medical dispute may be referred to a medical panel for a decision. A referral to the medical panel is at the discretion of the conciliation officer. The doctors who form a medical panel are independent of the Agent and WorkSafe Victoria. The medical panel will provide a final and legally binding opinion that will ordinarily resolve the medical issue(s) in dispute. The medical panel will provide its opinion to the conciliation officer.
• Has not been resolved: If the dispute has not been resolved, the conciliation officer will discuss the options with the injured worker. These options include:
  • Workers Compensation Independent Review Service (WCRIS)
  • Workplace Injury Commission’s Arbitration service
  • For the injured worker to access the above options, the conciliation officer must have issued a Genuine Dispute Certificate.

Return to work coordinators can contact the Workers’ Compensation team for assistance with conciliations.

Arbitration

If a dispute has not been resolved in conciliation, the injured worker may choose to take the dispute to arbitration if:

• the date of injury was on or after 1 September 2022
• there is a Genuine Dispute Certificate from conciliation
• the injured worker hasn’t applied to court for the same dispute
• the dispute involves a claim for weekly payments, medical expenses, superannuation or interest.

The arbitration officer will manage the dispute between the parties and must conduct arbitrations impartially and independently.

Litigation

Litigation is the beginning of a legal dispute between 2 or more parties and the aim is to resolve the matter through the courts.

The Magistrates’ Court and County Court can hear and determine any matter arising out of a decision made by the agent or the department, or a direction made by a conciliation officer. Once a court complaint or application has been lodged, WorkSafe Victoria will appoint an external law firm to defend the matter on behalf of the department. The department’s role in litigation is to provide the external law firm with the necessary information to defend the case.

Return to work coordinators can contact the Workers’ Compensation team for support through legal hearings.

There are 2 types of litigated claims:

• A statutory claim is when the injured worker has the right to make a claim for benefits regardless of who is at fault for their injuries. Statutory benefits include payment of income lost as a result of the injury, medical and treatment costs, travel expenses and a lump sum to compensate for permanent impairment caused by the injury.
• A common law claim is made when the injured worker claims they should be paid additional amounts for personal injury caused by the wrongful act or omission (or negligence) of another person (the department). The worker can seek payment for impairment, pain and suffering only, or pain and suffering and economic loss.

Impairment benefits and entitlements following a work-related death

Information is available from WorkSafe Victoria regarding entitlements due to a permanent impairment following a work-related injury or illness and the support and financial assistance for those who qualify following the death of a worker as a result of a work-related injury or illness.

Return to work coordinators can contact the Workers’ Compensation team for further support.

Contacts and supports

The Workers’ Compensation team

The Workers’ Compensation team is committed to providing support, assistance and influence in the health and wellbeing of all staff members to return to work after a workplace injury and meet workers’ compensation obligations. The Workers’ Compensation team can provide:

• expert advice, coaching and education on general injury management and return to work
• expert support with complex claim management and meeting legislative requirements
• assistance at conciliations and legal hearings
• performance management of relevant stakeholders such as issues with the agent or occupational rehabilitation providers.

For support, phone: 03 7022 0780 or email: workers.compensation.advisory@education.vic.gov.au

Email contacts for each region are as follows:

• South west Victoria region: workers.compensation.swvr@education.vic.gov.au
• South east Victoria region: workers.compensation.sevr@education.vic.gov.au
• North west Victoria region: workers.compensation.nwvr@education.vic.gov.au
• North east Victoria region: workers.compensation.nevr@education.vic.gov.au

The agent

Throughout the life of a workers’ compensation claim, the following services are provided by the agent to support workers in seeking appropriate treatment and to build on their functional and work capacity to return to work safely and sustainably.

• The Eligibility team complete the assessments of all new claims to determine whether liability should be accepted or not.
• The Claims Management team primarily focuses on the overall management of the claim. The allocated case manager will support the worker and return to work coordinator with return to work planning and providing advice on the relevant legislation. The Claims Management team can also answer questions around return to work obligations and can support with ensuring weekly payments are made in line with legislation.
• The Mental Health Hub have a team of mental health consultants who provide direct claim support, early intervention and critical incident management. The mental health consultants are sometimes engaged when it has been identified by the agent that the worker may benefit from further intervention from a consultant with specialist training in the mental health field. The mental health consultants have collaborative conversations with injured workers, treating health practitioners and key stakeholders to support return to work and recovery through targeted support.
• Mobile Case Managers can deliver face-to-face support such as attending treating health practitioner case conferences.

New claims – for support with lodging a new claim, dispute liability, or to find out how a claim is progressing, phone: 1300 975 609 (select option 3, select option 1) or email: educlaims@gbtpa.com.au

Existing claims – for support with existing claims, phone: 03 9297 9100 or contact the agent via email.

Email contacts for each region are as follows:

• South west Victoria region: educlaimsswvr@gbtpa.com.au
• South east Victoria region: educlaimssevr@gbtpa.com.au
• North west Victoria region: educlaimsnwr@gbtpa.com.au
• North east Victoria region: educlaimsnevr@gbtpa.com.au

Resources

Return to Work Coordinator Portal

The department's Return to Work Coordinator Portal (staff login required) contains resources to help you better support injured workers to return to work and manage claims.

Posters for display in all schools

• If you are injured at work poster (PDF)
• Return to work posters (physical and psychological injuries) (PDF)

Claim lodgement documents

• Worker’s injury claim form – WorkSafe Victoria
• Worker’s injury claim form (PDF) – WorkSafe Victoria
• Employer injury claim report form – WorkSafe Victoria
• Employer injury claim report form (PDF) – WorkSafe Victoria
• New claim lodgement checklist form (DOCX)
• Certificate of capacity – example (PDF)
• Authority to exchange medical and claim information form (DOCX)
• Advice of nominated return to work coordinator letter – template (DOCX) including workers’ compensation fact sheet for the injured worker
• WorkSafe Victoria: Employer’s obligations during return to work

Return to work resources

• Task cards (DOCX)
• How to complete task cards part 1 (DOCX)
• How to complete task cards part 2 (DOCX)
• Employee entitlements and benefits – fact sheet (DOCX)
• Return to work plan form (PDF)
• Completing a return to work plan – guide (DOCX)
• Treating health practitioner return to work planning fax – email template (DOCX)
• Treating health practitioner return to work planning letter (DOCX)
• Return to work issue resolution procedure – template (DOCX)
• Return to work inspectors information – WorkSafe Victoria

Payroll procedures

• Pre-injury average weekly earnings (PIAWE) instructions – guide (DOCX) (staff login required)
• Processing weekly compensation payments including claim validation – guide (DOCX) (staff login required)
• Return to work funding instructions – guide (DOCX) (staff login required)
• Current weekly earnings instructions – guide (DOCX) (staff login required)
• Make-up pay (MUP) entitlement balance instruction – guide (DOCX) (staff login required)
• Claim acceptance process on eduPay – guide (DOCX) (staff login required)
• Provisional Payments: Information for employers – WorkSafe Victoria

Other useful resources

• What is a person-centred approach factsheet (PDF) – National Disability Practitioners
• Claims management – best practice framework and support – Superfriend’s psychological claims management resource

Guidelines for employers

• Current weekly earnings instructions (PDF) (staff login required)
• Task cards: how to complete part 1 (PDF) (staff login required)
• Task cards: how to complete part 2 (PDF) (staff login required)
• WorkCover Leave entry/processing Weekly Compensation payments (PDF) (staff login required)
• Claim acceptance process on eduPay (PDF) (staff login required)

Training opportunities

Return to Work Coordination eLearn

The Return to Work Coordination eLearn is available on LearnED. The aim of this eLearn is to enhance the awareness and comprehension of the roles and responsibilities as return to work coordinators, and to improve return to work planning and support for workers. All principal class employees and return to work coordinators must complete this eLearn on commencement of their role and every 2 years.

Webinars

There are a variety of webinars suitable for principals, business managers, return to work coordinators and HR administration staff. Register through the LearnED links for the topics of choice. If there are no dates available for your preferred webinar, please contact workers.compensation.advisory@education.vic.gov.au

• Workers’ compensation records management (staff login required) – learn about the principles of effective records management
• Workers’ compensation litigation (staff login required) – this session includes the important information for manager and return to work coordinators, stepping through the litigation process for a workers’ compensation claim
• Temporary return to work placements (staff login required) – learn about the temporary return to work process including hosting someone on a return to work
• Workers’ compensation questions and answers (staff login required) – this online session covers key topics and frequently asked questions
• New work-related injury/claim process webinar (staff login required) – helps new and experienced return-to-work coordinators better understand the new claims process, including lodging a claim, liability, initial planning, leave entry and consultation
• Return-to-work obligations and responsibilities (staff login required) – this webinar takes new and experienced return-to-work coordinators through employer obligations and responsibilities, worker rights and obligations, return-to-work planning and funding support
• Mental health claims management (staff login required) – this online session is for return-to-work coordinators and introduces practical strategies to support employees to return to safe and sustainable work following a mental health claim
• Workers’ compensation eduPay management (staff login required) – online session is for human resource administrators with access and responsibility for entering WorkCover leave into eduPay
• Workers’ compensation disputes and conciliation (staff login required) – this webinar steps managers and return-to-work coordinators through the conciliation process for disputed workers’ compensation claims
• Determining liability (staff login required) – this online session covers the claim lodgement process and the requirements of the WorkSafe agent, Gallagher Bassett, to determine a claim’s liability. It also includes guidance on submitting information and how to prepare for investigations related to the claim’s liability

Workers’ Compensation one-day course

The Workers’ Compensation one-day course is a great course for anyone new to claims management, anyone who has received a new claim for the first time or as a refresher for experienced staff. This course will update staff on regulatory and process changes and provide department-specific material to help injured staff return to work safely. Completing this course addresses the return to work coordinator competency requirement in occupational health and safety (OHS) audits.

For available dates and to register, refer to Workers’ Compensation (one day course) in LearnED (staff login required).

Return to work coordinator roles and responsibility training 2-day course

This 2-day WorkSafe accredited course is for people who are new to a return to work coordinator role or who have been in the role but have not received training. WorkSafe recommends all nominated return to work coordinators to complete this course. Completing this course addresses the return to work coordinator competency requirement in occupational health and safety (OHS) audits.

For available dates and to register, refer to Return-to-work coordinator roles and responsibilities in LearnEd (staff login required) .

eduSafe Plus Workers’ Compensation Functionality online training

eduSafe Plus provides an electronic platform for schools to manage their workers’ compensation claims, including submitting claims, uploading documents and adding notes. Refer to the Knowledge Base for the eduSafe Plus training schedule (which includes all upcoming eduSafe Plus training), or enrol directly into the Using Workers’ Compensation functionality in eduSafe Plus’ via LearnEd (staff login required).