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.