A Workers Compensation Guide for Employers

1. Introduction

This guide is designed to help you be prepared if any of your workers experience a work related injury. This guide includes information about:

• your role and obligations under workers compensation legislation
• how to support your worker and get the best possible outcome for you both
• the roles of others involved in supporting your worker’s recovery including the insurer, doctor, other treating practitioners and approved workplace rehabilitation providers
• how to identify suitable work options to support your worker to recover through work
• what you can do if recovery is not progressing as expected.

2. The NSW Workers Compensation Scheme

2.1. What is workers compensation?

Workers compensation insurance provides support for workers with a work-related injury, including the costs of weekly payments, medical and hospital expenses, and a range of other benefits to help them recover through work.

Workers compensation insurance is a no-fault system. This means, to be eligible, workers do not need to prove their employer was negligent. They need to prove their injury was work related and that employment was the main or a substantial contributing factor to the injury.¹

In NSW, an injury is defined in section 4 of the Workers Compensation Act 1987:

(a) means personal injury arising out of or in the course of employment,

(b) includes a disease injury, which means:
(i)   a disease that is contracted by a worker in the course of employment but only if the employment was the main contributing factor to contracting the disease, and
(ii)   the aggravation, acceleration, exacerbation or deterioration in the course of employment of any disease, but only if the employment was the main contributing factor to the aggravation, acceleration, exacerbation or deterioration of the disease, and

(c) does not include (except in the case of a worker employed in or about a mine) a dust disease, as defined by the Workers’ Compensation (Dust Diseases) Act 1942, or the aggravation, acceleration, exacerbation or deterioration of a dust disease, as so defined.²

Due to this broad definition of injury in a no-fault system, there will be many and varied types of claims made for workers compensation in NSW. The insurer determines whether a claim is accepted or not. Your role as an employer, is to support your worker to achieve the best outcome for them and your business, even if the claim is not accepted by the insurer. There are many resources and supports available to assist both you and your worker.

The team of people supporting your worker to recover and return to work are known as the support team. The support team includes you, the insurer, the nominated treating doctor, other treatment practitioners, a workplace rehabilitation provider (if required), and any union representing workers. This support team can also assist you as the employer. More detail about the roles of the members of the support team is at 5.4. The support team.

2.2. The State Insurance Regulatory Authority

The State Insurance Regulatory Authority (SIRA) is the government organisation responsible for regulating the NSW Workers Compensation Scheme. Its role includes:

• ensuring workers and employers are aware of their workers compensation and return to work (RTW) obligations
• assisting employers to understand the workers compensation and RTW process, and what they can do to ensure the best possible outcome
• licensing and regulating insurers
• approving and regulating service providers in the scheme including allied health practitioners and workplace rehabilitation providers
• ensuring employers comply with their workers compensation, injury management and return to work obligations through inspector visits and enforcement (where needed).

Resources and further information

Visit http://www.sira.nsw.gov.au for more information about SIRA and our role in workers compensation.

2.3. Workers’ compensation insurers

Most employers in NSW are legally required to have a workers compensation policy to ensure their employees have access to compensation in the event of a workplace injury/illness and to protect them from the costs of workers compensation claims. There are three types of insurers in the NSW Workers Compensation Scheme:

1. icare (insurance and care NSW) is a government organisation that delivers insurance and care services to people with workplace injuries under the NSW workers compensation scheme (known as the Nominal Insurer) and the NSW Self Insurance Corporation (known as SICorp).
   • The Nominal Insurer is the single largest workers compensation insurer in NSW and provides workers compensation insurance to most businesses within NSW. The Nominal Insurer contracts claims service providers to manage claims on its behalf.
   • SICorp provides workers compensation coverage through a self-insurance scheme to most government sector employers. In providing services for SICorp, icare also contracts claims service providers to manage claims for workers compensation liabilities of government employers.
2. Self-insurers are employers licensed by SIRA to manage their own workers compensation claims.
3. Specialised insurers hold a restricted licence to provide workers compensation insurance for a specific industry or class of employers.

For the remainder of this guide, the above entities will be referred to as ‘insurer.’

Insurers work closely with you and your worker to facilitate a safe and timely recovery through work for your worker. More detail about the insurer and how they can assist you is provided at  5.4.1. The insurer role.

3. Reduce injury or illness in the workplace

Showing commitment to health and safety in your workplace will reduce injuries within your business and create a foundation for a strong safety culture. As an employer you have a role in demonstrating leadership in work health and safety, consulting with your workers at all levels and actioning continuous improvement.

Resources and further information

For information on injury prevention, visit SafeWork NSW.

• Read practical information about Safety in the workplace
• Access the Easy to do work health and safety toolkit
• Read the Code of Practice - Managing Psychosocial Hazards at Work
• Read the Designing Work to Manage Psychosocial Risks

4. Prepare for injury or illness in the workplace

Evidence indicates people achieve better outcomes following injury when:

• employers understand their workers compensation obligations, and have return to work systems and processes established prior to injury
• there is a positive workplace culture that promotes the health benefits of recovery through good work
• they have a positive relationship with their employer (particularly their direct supervisor)
• their employer provides suitable work opportunities to support recovery through work.

4.1.  Your obligations

4.1.1. Workers compensation insurance

You must provide the insurer with details of the wages you pay when you first take out a workers compensation policy and then with every renewal of a policy. You must supply the insurer with:

• a reasonable estimate of wages that will be payable to workers employed by you during the relevant period of insurance. This is to be supplied as soon as practicable, but not later than 2 months from making an application to an insurer for a policy or the renewal of a policy.
• a full and correct declaration of the wages actually paid during the period of insurance not later than 4 months after the end of the relevant insurance period.⁵

4.1.2. Return to Work program

Your Return to Work program is the formal policy that outlines procedures for handling work related injuries or illnesses. It represents your commitment to the health, safety and recovery of your workers following an incident. Full details of what must be included in your Return to Work program is available in the Guidelines for Workplace Return to Work Programs.

Your Return to Work program details how, following an injury, you will review your work, health and safety policies and procedures to identify gaps and opportunities for improvement. It must also detail your policies and procedures for supporting your workers to recover at work, including identification of suitable work, where required. Your Return to Work program should also detail how your organisation will foster a positive culture that promotes recovery through work including:

• a positive attitude towards workers recovering through work
• promoting the health benefits of good work.

When you develop, review or update your Return to Work program you must ensure that your workers and their union representatives (if applicable) are consulted.

Implementing your return to work program involves ensuring your workers are informed of their rights, obligations and the process of recovery through work. You may do this through induction programs, training courses, staff meetings, newsletters and noticeboards. You should also consider the needs of workers who do not speak English or require assistance.

Resources and further information

The SIRA website has many resources to assist you to meet your obligations:

• Read more about how to get workers compensation insurance
• Read the Guidelines for workplace return to work programs to find out what must be in your return to work program
• Read more about developing a return to work program, and whether you can use the standard return to work program template
• Use SIRA’s standard register of injuries template
• Read further information or undertake SIRA’s online training for return to work coordinators.

4.2. Recover through work culture

You should make sure your workplace culture is supportive of workers recovering through work. A positive recover through work culture is characterised by:

• a commitment to physical and psychological health and safety
• positive workplace relationships
• promoting the health benefits of good work
• fostering positive attitudes towards workers recovering through work
• a supportive recovery environment.

A positive recover through work culture will help reduce unnecessary delays when a worker is recovering at work and reduce the stigma that may be associated with a workers compensation claim. Effective return to work systems need to support this culture to enable early reporting, early intervention, and ongoing support for your workers throughout their recovery through work.

4.2.1. Benefits for workers

Benefits for workers recovering through work include:

• likely to get better sooner
• staying active and connected to workplace colleagues and friends
• keep their work skills current
• getting back to usual activities for enjoyment and a sense of purpose
• boosting physical and mental health
• reducing the chance of long-term health complications
• better financial renumeration, as weekly compensation payments are structured to encourage recovery through work.

Resources and further information

Read more about the Benefits of recovering through work for workers.

4.2.2. Benefits for your business

Supporting your worker to recover through work will help your business to:

• maintain the skills and knowledge of an experienced worker
• avoid or reduce the cost of training a replacement worker or hiring new staff
• maintain good employer-employee relationships
• demonstrate to all workers that they are valued
• reduce the length of time your employees are away from work
• reduce the impact on your workers compensation premium, for employers who pay an average performance premium (also known as base tariff premium) of more than $30,000.

4.3. Identify and respond to early warning signs

4.3.1. Look out for early signs

Both physical and psychological injuries can commence gradually and develop into an injury over time. Being aware of the early warning signs allows you to:

• intervene early
• identify any workplace risks that may be contributing
• address those risks before an injury or illness occurs.

Look for early warning signs. These may include:

• physical signs e.g. dishevelled appearance, poor sleep, weight loss or gain, headaches, unexplained musculo-skeletal or gastro-intestinal complaints.
• behaviour that seems out of character e.g. unexplained absences, frequent breaks, avoiding certain work tasks, withdrawing behaviours, an increase in or excessive work hours, difficulty with attention, concentration or memory, becoming agitated, hostile or aggressive.
• comments made to others e.g. “I am burnt out,” “I can’t sleep because I keep thinking about work, “My wrist has been throbbing at night.”

Resources and further information

• Read more about the early signs of mental health problems at work.
• Read Safe Work Australia examples of the sounds of psychosocial risk.

4.3.2. Check in with your worker

Check-in regularly with workers and ask ‘RU OK?’ This may lead to disclosure and an opportunity to provide support.

Starting a conversation with a person you are worried about may feel uncomfortable and you might be worried about what you say or how you might react. Key steps to start a conversation include:

• Get ready to ask - Be ready, be prepared and pick your moment
• Have the conversation - Ask are you ok? listen, encourage action and check in.

Resources and further information

• Watch the short video on How to ask a work colleague RU OK?
• Read the Guide to ask RU OK? At work, with practical steps and tips.
• Read Beyond Blue - How to talk to someone you are worried about.

4.3.3. Encourage workers to seek support

If someone tells you they are not okay, encourage them to seek support. Early support can prevent escalation of injury.

Resources and further information

You can suggest they contact:

• their General Practitioner
• Beyond Blue on 1300 224 636 - information and support for anxiety, depression, and suicide prevention across Australia
• NSW Mental Health Line on 1800 011 511 - 24-hour support service across NSW that can connect you with a mental health professional
• 13YARN - confidential one-on-one yarning opportunity with a Lifeline-trained Aboriginal & Torres Strait Islander Crisis Supporter who can provide crisis support 24/7.
• an Employee Assistance Program (EAP) if you have one.

5. When a worker is injured (supporting your worker)

5.1. Your obligations

5.2. Your role

As an employer, you have an important role in assisting your worker to recover at or return to work following a work-related injury or illness. Your role is to:

• meet your legislative obligations including the provision of suitable work
• equip and support your worker to take an active role in their recovery
• provide information to your worker in the right way at the right time
• provide information to the support team including treating practitioners, about the workplace and your worker’s usual job
• maintain open communication with your worker and support team.

As an employer you will have your own perceptions and reaction to a worker’s injury, which can sometimes be a barrier to supportive, positive communication. Demonstrating empathy and belief does not mean that you accept responsibility for the injury or claim, rather that you accept that the worker needs support to recover. You have a support team to help you do this.

5.2.1. Take a person-centred approach

A person-centred approach is a tailored approach where a person’s circumstances, concerns, beliefs, preferences and needs are taken into consideration. Genuinely supporting your worker involves taking a person-centred approach, which places their needs at the centre, rather than the needs of the workers compensation system.

Tailoring your support both at the time of injury and throughout the recovery process, will have a positive impact on your worker's response to their injury and help achieve a successful recovery through work.

5.2.2. Help your worker recover through work

Recover through work means helping a worker remain in the workplace in some way, so they can use work to build and improve their capacity following an injury. Evidence shows a worker’s recovery is better when they recover through work.

For most people with a work-related injury, time off work is not medically necessary. In many cases, with minor and temporary job modifications, your worker can recover through work. This may involve adjusting your worker’s duties to match their capacity for work. It can be a gradual process where your worker returns on modified duties and/or reduced hours to accommodate their injury.

You can support your worker’s recovery through work by:

• providing your worker with information about workers compensation and the importance of recovery through work
• identifying suitable work options in collaboration with your worker
• providing information to the support team about the workplace, your worker’s usual job and available suitable work options (this includes treating practitioners)
• developing a recover at work plan that describes how you will support your worker. You can use the recover at work planning tool to help you.
• building a strong relationship with your insurer who can provide assistance throughout your worker’s recovery
• showing your commitment to your worker’s recovery by:
  • staying in contact with your worker
  • regularly contacting the insurer case manager and requesting involvement in meetings about your worker’s progress
  • providing relevant information to help the case manager make fair and timely decisions, for example providing pre-injury average weekly earnings details.

Resources and further information

• Watch this YouTube video How to help your employee recover at work
• Find resources to help you support recovery from mental ill-health and promote a mentally healthy and psychologically safe workplace in the Recover at work toolkit

5.2.3. Support for you

When a work-related injury occurs, it can be a stressful period for you as an employer. As well as the responsibility of managing the recovery through work process, you may experience your own reactions to the injury and to the worker, which may impact your interactions with them.

Depending on the situation and your relationship with your worker, it may be appropriate to identify someone else in the workplace to be the point of contact for your worker.

Resources and further information

There is support available for you including:

• your GP
• Beyond Blue 1300 224 636
• Beyond Blue – coaching for small business owners(20 or fewer employers)
• your company’s Employee Assistance Program (if available)
• your workers compensation insurer and workplace rehabilitation provider (if involved), who can be useful in helping you to understand the workers compensation process.

5.3. Your worker’s role

Your worker’s role is to focus on recovery and aim to stay at work in some capacity or return to work as soon as possible. Their obligations include:

• nominating a preferred doctor (referred to as the nominated treating doctor) if they are to be off work for more than seven consecutive days, as a result of a work-related injury or illness. Even if you have a preferred doctor or medical practice located nearby, encourage your worker to make their own decision about where they wish to receive their treatment. Most workers choose their family doctor.
• making sure their certificate of capacity is current, and you or their insurer has a copy.
• getting an updated certificate of capacity at least every 28 days.
• participating in the development of their injury management plan with their insurer case manager and complying with obligations imposed under the plan.
• making reasonable efforts to stay at or return to work to recover.

Your worker should be actively involved in their recovery by talking to their treating practitioners about what they need to do to get back to their usual duties. This will assist practitioners to tailor treatment to support increasing capacity, to achieve their specific goal(s). e.g. where a treating practitioner is aware a worker needs to get back to climbing a ladder or using a safety step, they can tailor specific exercises and activities to build capacity to undertake this task.

Resources and further information

Read and provide your worker with Workers compensation roles and responsibilities when planning for recovery.

5.4. The support team

The support team are the team of people who will assist your worker's safe and timely recovery through work. The team includes you, the insurer, the nominated treating doctor, other treatment practitioners, a workplace rehabilitation provider (if required), and any union representing the worker. Each member has an important role to play in your worker's recovery.

5.4.1. The insurer role

Your insurer coordinates all aspects of your worker’s claim and is the primary contact for you and the support team. Their goal is to ensure that, where possible, your worker can return to their usual work in a timely manner with minimal disruption to your business by:

• understanding circumstances relating to your worker and your business, identifying risks (that may delay recovery) and needs
• explaining the claim and return to work process to you and your worker
• explaining your responsibilities and decisions about the claim
• developing (and implementing) an injury management plan, in consultation with you, your worker and the nominated treating doctor that includes goals, actions, responsibilities, and timeframes to support recovery
• coordinating all parts of the claim including payments, treatment, rehabilitation and recovery at work
• arranging assessments or services to help determine your worker’s capacity/fitness for work
• reviewing progress regularly to ensure things are progressing as expected and identify if any changes to the injury management plan or additional supports are needed.

Contact your insurer at any time for information or support, e.g., to clarify what expenses should be sent directly to the insurer and what you can pay and be reimbursed for.

5.4.2. The nominated treating doctor’s role (NTD)

The nominated treating doctor will assess, diagnose and recommend treatment for your worker as they would for any other patient. Within the NSW Workers Compensation Scheme, they will also assess and communicate your worker's capacity for work and support their recovery through work using the certificate of capacity.

NSW workers compensation certificate of capacity

The certificate of capacity is used to describe the worker's injury/illness, their capacity for work and the treatment required for a safe and durable recovery at/return to work.

The information in the certificate of capacity will help with the development of the injury management plan by the insurer. The ‘Capacity for activities’ and ‘Capacity for work’ sections of the certificate will assist you to complete your Recover at work plan, with your worker.

The first certificate of capacity is completed by the worker's nominated treating doctor or specialist in consultation with the worker. This is important so that the person’s full health needs can be assessed. Thereafter, the worker’s treating physiotherapist or psychologist can assess injuries within their area of expertise, and issue second and subsequent certificates of capacity using the Certificate of capacity - treating physiotherapist or psychologist. The physiotherapist or psychologist must be an approved provider by SIRA. You can find details on SIRA’s approved providers by using the allied health practitioner search on the SIRA website.

5.4.3. Other treatment practitioners

These include medical specialists and allied health practitioners who may be involved in the treatment of your worker. Their role is to provide reasonably necessary treatment directed towards self-management, functional outcomes and recovery through work goals.

Allied health practitioners can play a significant role in helping your worker recover through work. Communicating with them and sharing information about the workplace and duties allows them to tailor the workers treatment program, to align with their specific work and recovery goals.

Allied health practitioners such as physiotherapists, chiropractors, osteopaths, psychologists, counsellors and exercise physiologists need to be approved by SIRA to treat workers with an injury. You can find out if a practitioner is SIRA approved using the Allied health practitioner search.

In some cases, the worker’s treating physiotherapist or treating psychologist may complete the second and/or subsequent Certificate of capacity - treating physiotherapist or psychologist. In this situation it is important they have detailed information about the workplace and worker’s duties and what suitable work is available to assist them complete the sections on Capacity for work.

5.4.4. The workplace rehabilitation provider’s role

An approved workplace rehabilitation provider can help you and your worker resolve problems associated with the recover through work process. Workplace rehabilitation providers are health professionals who can address the physical, functional, psychological and/or workplace barriers that may affect a worker recovering through work.

Workplace rehabilitation services are usually delivered at the workplace and may provide specialised expertise to assist:

• tailoring support for the worker with consideration to the biopsychosocial factors that may influence a recovery and return to work
• identifying suitable work and other workplace adjustments to accommodate the individual needs of a worker, based on the principles of good work
• workplace facilitated discussions to help the worker and you achieve a healthy and safe return to work. See 6.2.7. Assistance to identify suitable work options - Workplace facilitated discussion
• facilitating access to SIRA funded programs that support recovery through work. SIRA funded programs are not a claims cost. See 6.2.8. Overcoming a lack of available duties: SIRA funded programs
• a worker to obtain work with a new employer including assessment to identify suitable work options, job seeking assistance and facilitating access to programs to secure new employment.

Employers should nominate an approved workplace rehabilitation provider in their return to work program. There may be some situations, when it may be appropriate to refer to a different provider from that nominated in your program, with specific expertise with a particular injury type e.g., psychological injury.

You should discuss any planned referral with your worker, to give them the opportunity to refuse or request a change in provider. Contact your insurer to arrange referral to an approved workplace rehabilitation provider for your worker.

Resources and further information

Read more about what to expect from your workplace rehabilitation provider.

5.4.5. Communicating with the support team

Having open, regular and caring communication between the support team will help with a successful recovery through work. Clear communication and collaboration with others in the support team is essential to:

• understand the worker’s capacity and needs
• identify any barriers or risks to recovery and effective strategies to address these issues
• develop shared goals and recovery expectations
• ensure the worker receives consistent messages from all support team members
• ensure the right services are provided at the right time.

Case conference

A case conference is a meeting that can include the nominated treating doctor, insurer, workplace rehabilitation provider (where applicable), the worker and you. They are separate to your worker’s scheduled medical review and can occur any time throughout the claim.

Case conferences can be used to set goals, ensure roles and responsibilities are understood and agree on timeframes for recovery through work.

Meeting with your worker and their doctor can assist in the overall management of the worker’s injury. You should encourage your worker to participate in these case conferences.

6. Recovery through work (a step-by-step guide)

6.1. Step 1: Respond to a report of injury

You have specific obligations as an employer if a worker experiences a work-related injury or illness.

6.1.1. Provide first aid

A worker seeking first aid, even for a minor injury might be the first sign of gradual onset of a more significant injury. See 4.3. Identify and respond to early warning signs.

Resources and further information

Read more from SafeWork NSW about providing first aid in the workplace.

You could also consider training for mental health first aid in your workplace.

6.1.2. Report a notifiable incident

Resources and further information

More information about notifiable incident is available of the SafeWork NSW website.

6.1.3. Record the injury in your register of injuries

Resources and further information

You can use SIRA’s standard register of injuries template.

6.1.4. Notify your insurer within 48 hours

This is to enable the provision of early treatment and support, to minimise the effect of the injury to your worker. Evidence confirms delays in injury notification can delay recovery. The 48 hours includes weekends and public holidays e.g., if you become aware of an injury at 3:00 pm on Friday, the report must be made by 3:00 pm on Sunday. Your worker, your representative or you can make the initial notification to the insurer electronically, in writing or by telephone.

When notifying an injury to your insurer, you will be asked to provide the following information:

• the worker’s name, address, contact telephone number
• name and address of your company
• name of the treating doctor and contact number or name of the hospital (if known)
• date, time, place and nature of the injury and details of how it happened
• name and contact details of the person making the notification and their relationship to the worker or employer
• details of any time off work.

Do not delay notification. If all of this information is not available, you can provide further information when you receive it. e.g., treating doctor details.

The following information should also be provided at the time of notification, or when it becomes available:

• date of the consultation with the doctor and a diagnosis. A copy of the NSW workers compensation certificate of capacity.
• your worker’s capacity to recover at work and expected return to work date.
• your ability to support your worker to recover at work in suitable work.
• your worker’s pre-injury average weekly earnings (PIAWE).

Once reported, the insurer will provide you with a reference number. Make a note of it as you may need to track your reporting of the injury in the future.

Resources and further information

You can find information about how to contact your insurer to notify of an injury on your workers compensation insurance policy.

Most employers are insured with icare and can go to icare’s website to Notify an injury.

6.1.5. Provide early support for your worker

Contact your worker as soon as you know they are injured or ill. Early supportive contact is associated with a quicker recovery, earlier return to work and reduced costs. This contact is even more important for someone with a psychological injury. Some workers may feel that their injury is being questioned. Try not to focus on aspects of the injury such as causation at this stage. It is important to simply make it clear that their mental and physical health is the priority and that they have your support.

Let your worker know what they need to do, to ensure their claim runs smoothly, and they receive their payments/entitlements. Tell them about their obligation to obtain a certificate of capacity before the current one expires. It may be useful to remind yourself to contact them prior to their next appointment with their health practitioner to discuss their progress and encourage upgrades to their capacity on the certificate, where relevant.

Resources and further information

Safe Work Australia has developed a guide to help you manage your relationship with your worker during their recovery through work, from the moment an injury is reported.

6.1.6. Engage with your worker who is off work

If your worker does need time off work after an injury, research shows that they benefit from regular contact from their supervisor or co-workers. The main aim of these conversations is to stay in touch and make it clear that the worker’s recovery is the priority.

Keep in contact with your worker and check in on them in a respectful way. Ask your worker their preferred method and frequency of communication and reassure them they are missed, and you and the team are keen for their return. You could do this by:

• regular phone calls, text messages or video messages from the workplace
• provide updates on any news from the office or work site
• invite your worker to meetings, morning teas or social events.

Before talking to the team, check with your worker to find out what information they are comfortable sharing. Encourage co-workers to make contact in a positive and considerate way. You will need to check in with your worker to ensure they are ok and give consent for this contact. If co-workers feel they don’t know what to say to the worker, reassure them that a quick chat about some general news from the workplace or other topics of interest sends a positive message to the worker and will help them recover.

Resources and further information

Read SIRAs Recovery at work insider - How to support your worker if they need time off work.

6.1.7. Seek your worker’s permission

When your worker signs the certificate of capacity, they authorise the doctor to provide relevant information about their injury or illness, to you and the insurer. The consent section on the certificate also covers sharing information with other medical practitioners or health related practitioners (whether consulting, treating or examining), workplace rehabilitation providers and SIRA.

If you want to contact the doctor before receiving your copy of the certificate (such as during your worker’s first consultation), you will need permission from your worker first. It is good practice to obtain this in a separate document.

You should familiarise yourself with your legal obligations when collecting, using, and disclosing an individual’s personal and health information.¹²

Resources and further information

Read information about requesting consent to release and exchange personal and health information on SIRAs website.

Use SIRA’s Sample form for obtaining/releasing personal information.

For more information on collecting and disclosing personal and health information: Privacy Act 1988 (Cth) for Australian Privacy Principles, Health Records and Information Privacy Act 2002 (NSW) and Privacy and Personal Information Protection Act 1998 (NSW)

6.1.8. Make early contact with the nominated treating doctor

Make early contact with the worker’s doctor. Proactive contact demonstrates your commitment to your worker’s recovery. Contact with the doctor is an opportunity to:

• provide details of your worker’s usual duties – a job description or using a job dictionary (if these are utilised at your workplace) helps the doctor understand the specific requirements of the job for your worker, the more specific the better
• demonstrates your willingness to accommodate suitable duties and share what is currently available for your worker to return to
• clarify information in the certificate of capacity.

It is important to remember doctors are time poor. Here are some tips when contacting a worker’s doctor:

• Clearly explain why you are contacting them.
  Tailor the questions you ask, don’t ask for information that is already provided on the certificate of capacity, ensure a coordinated approach to avoid duplicate information or questions - clarify with your insurer who will engage directly with the doctor on specific issues.

• Make contact at the right time.
  Be mindful of the doctor’s busy schedule, find out how and when they prefer to communicate, make an appointment to have a conversation about the worker (this may have to be after business hours) and give the doctor a brief list of questions beforehand.

If you are unable to speak immediately with the doctor, ask the receptionist for the best way and time to do this. Leave your details and make sure you are easily contactable. Consider sending an email to the doctor with information about the nature of your business, availability of duties and your contact details. Your worker can also take this information to the doctor at their next appointment.

6.2. Step 2: Identify suitable work

6.2.1. Obligations

6.2.2. Include your worker

Discuss your worker’s recovery through work with them. Explain that you value their input into what will help them recover through work and discuss reasonable expectations around the level of their involvement throughout the process.

With a psychological injury, it is particularly important to have a discussion with your worker to understand their concerns and what strategies they believe may help them. e.g., I need a quiet space to go to if I am struggling with my anxiety.

Resources and further information

Read what to include in a return to work discussion, including a template.

Use SIRA’s Recovery at work toolkit for resources for employers and employees to plan return to work

Use SIRA’s Recover at work planning tool to help write a recover at work plan

6.2.3. Agree on your worker’s recovery at work goal

When identifying suitable work options with your worker, the goal of returning your worker to the same job as at the time of injury is preferable. Sometimes, due to the nature of the injury or other circumstances this is not possible e.g., with a psychological injury, the worker may retain work capacity but be unable to return to the same work environment. In these situations, the goal reflecting the most direct path back to work is recommended.

When you agree on this goal, take into consideration the doctor’s certification of your worker’s capacity for work.

Resources and further information

You can find this information in the NSW workers compensation certificate of capacity.

6.2.4. Identify suitable work options

As the employer, your role in the support team is to identify suitable work tasks and duties, while the doctor’s (or treating physiotherapist or psychologists) role is to identify your worker’s capacity for work.

Things you can do to identify suitable work options for your worker:

• familiarise yourself with your worker’s pre-injury role
• review the capacity of your worker as described on their certificate of capacity
• discuss work options and available duties with your worker
• speak to your worker’s supervisor or immediate manager and ask for suggestions about how to organise duties to fit current work routines and schedules
• review all the jobs your business has available and look at how they may align with your worker’s skill set
• consider work that has been ‘put on the back burner’ or any good ideas you haven’t had time to implement
• determine who else needs to be involved.

Consider the tasks closest to your worker’s pre-injury duties as your first option.

Duties can be offered in any of the following ways:

• the same job with different hours
  • modified duties
  • a different job altogether
  • at the same or different workplace
• the same job with different reporting lines
• a combination of these options.

6.2.5. Consider the following when identifying suitable work

6.2.6. Modifying the workplace

Physical injury

Modifications or equipment at the workplace may be required to support your worker to recover at work. For example, providing a chair and/or footrest to a worker with an ankle injury who would normally stand, will enable your worker to take a break from standing for long periods (and elevate their foot) while still performing their usual job.

Funding is available through SIRA's equipment and workplace modifications program. This covers equipment not required under WHS legislation and where it is necessary to allow the worker to recover at work, or to accept an offer of suitable work. The equipment or workplace modification must be specific to your worker’s functional requirements or necessary to start a new work role. The cost of the equipment and/or workplace modification is SIRA funded. This means it is not a claims cost and will therefore not impact your premium.

Resources and further information

Read about funding available through SIRA's equipment and workplace modifications program.

Read detail including the eligibility criteria in the equipment and workplace modification program guidance material.

Psychological injury

For a psychological injury, modifications in the workplace will support your worker to recover through work while undertaking individual intervention to build capacity. Modifications will include any reasonably practicable changes to align the job demands with your workers capacity. These are in addition to what is expected for you to meet your obligation to address any health and safety risks in the workplace, for all your employees.

Modifiable factors may include:

• work overload/not enough work/monotonous repetitive work
• emotional and/or cognitive demands of the job exceed work capacity
• low levels of control over how work is done
• working in isolation
• poor work relationships and conflict
• exposure to traumatic events, aggression or violence.

Modifications might include:

• adjusting workload or daily duties
• more flexible work schedules
• devices or apps e.g., noise cancelling headphones, or apps to help organise or plan
• using tools to help manage communication and work activities e.g., use of ‘do not disturb’ or ‘focus’ times
• moving to a different workspace or work location e.g., in a quieter area
• providing extra training or mentoring
• allowing worker input into how tasks are carried out
• extra support via regular check ins
• mediation and/or clarification of behavioural expectations in the workplace
• reducing exposure to noisy or uncomfortable conditions, traumatic events, aggression or violence
• provide a different reporting line

6.2.7. Assistance to identify suitable work options

Workplace assessment

If you are having difficulty identifying duties in your workplace to accommodate your worker’s current capacity, a workplace assessment can be arranged by your insurer.

A workplace assessment involves an approved workplace rehabilitation provider assessing your worker as they perform a range of duties and determining their capacity to perform the duties safely.

The workplace assessment findings are discussed with you, the treating practitioner and the worker to help you develop an appropriate recover at work plan.

You should speak with your insurer if you think a workplace assessment could help you to identify suitable work options.

Workplace facilitated discussion

A workplace facilitated discussion is a meeting conducted by a third party to resolve a workplace relationship conflict and assist the person with an injury with their recovery through work. This service is delivered by a workplace rehabilitation provider. The provider will appoint a facilitator who is appropriately qualified to deliver workplace facilitated discussions.

The discussion is offered in a supported environment to help the worker and you achieve a healthy and safe return to work. The parties generally involved in a workplace facilitated discussion include the:

• worker
• employer
• co-worker or line supervisor
• treating health practitioner(s) (if desired)
• a support person (if desired). The support person may be a friend or relative, co-worker or union delegate.

The workplace facilitated discussion is a voluntary confidential process for all parties involved.

A workplace facilitated discussion may be appropriate where it has been identified that parties in the workplace do not agree with each other and can’t maintain (or at risk of not maintaining) an ongoing workable relationship. This may include:

• there are working or communication style differences
• there are change management situations
• issues have arisen from job or role demarcation
• the worker is reportedly experiencing bullying or harassment from a co-worker or manager.

While a workplace facilitated discussion can be used for any workers compensation claim where there is a workplace relationship issue, it is expected to be particularly helpful in psychological claims arising out of bullying, harassment, work pressure or interpersonal conflict. You should speak with your insurer if you think a workplace facilitated discussion may be helpful.

Resources and further information

Read more on SIRAs website about workplace facilitated discussion.

6.2.8. Overcoming a lack of available duties: SIRA funded programs

SIRA provides a number of vocational programs and incentives to help you to assist your worker to recover through work.

The cost of these programs is funded by SIRA. They are not a claims cost and do not affect premiums.

An approved workplace rehabilitation provider will assist in arranging SIRA funded programs. Contact your insurer to discuss and arrange a referral.

Work trial

If you are unable to identify suitable work options that match your worker’s current capacity, a work trial can help overcome the problem. A work trial places a worker with a host employer for a short period of time.

A work trial allows your worker to recover through work while performing duties suited to their current capacity. Duties can be upgraded over time, until the worker reaches the required capacity to return to your business. Work trials can be in place up to a maximum of 12 weeks.

Host employers do not receive financial incentives from SIRA. However, all costs are covered by SIRA and are not included as a claims cost.

Resources and further information

Find out more about eligibility and how the program works in the work trial guidance material.

Connect2Work

Connect2work is a voluntary short-term work placement with a host employer. It supports recovery at work for workers where:

• their pre-injury employer is unable to offer suitable work or
• they are looking for new employment.

Host employers are paid an incentive payment of $200 per week.

Recover at work assist

The Recover at work assist program is designed for small employers who face financial hardship when trying to support their worker to recover at work.

An assistance payment of up to $400 per week is available to offset the costs of making alternative arrangements to cover the usual duties of your worker, while your worker recovers through work.

This program is available in the first 26 weeks from the date the claim was entered into the insurer’s system for a combined total of up to 6 weeks.

6.2.9. Demonstrating a lack of available duties

It is important for your worker to stay active and, therefore, critical that alternate work options or strategies are identified. Every time there is a change in your worker’s capacity, review whether you may now be able to provide suitable work.

6.3. Step 3: Develop a written plan

You should write a tailored recover at work plan for your worker, as specified in the SIRA Guidelines for return to work programs.

Evidence shows that having a written plan agreed to by an employer and worker improves work outcomes.

Your worker’s recover at work plan should reflect the discussions you had with your worker when identifying suitable work and focus on what your worker can do. It may be developed by you, your Return to Work Coordinator (for category one employers) or a workplace rehabilitation provider if you need assistance.

When developing a recover at work plan ensure you:

• include your worker in the development of the plan
• write the plan down (download the recover at work planning tool to help you do this)
• include clear graded stages that support your worker to increase their duties in line with improved capacity throughout their recovery
• include any supports, aids or modifications to be provided to assist recovery at work
• document the person who will support and monitor your worker during the plan
• talk to your worker about who will receive a copy of the plan and what injury management information should be shared with co-workers
• provide copies of the plan to your worker and their doctor
• provide your worker with written documentation of any changes made to the plan.

It is good practice to:

• keep a copy of the plan for yourself and give copies to your worker’s line manager and your insurer
• inform line managers (and co-workers where appropriate) of the plan’s content
• monitor your worker’s progress against the plan on a regular basis
• update the plan when your worker’s capacity changes or if there is a change in the workplace that impacts the plan.

6.3.1. What to include in the plan

Resources and further information

You can use the recovery at work planning tool available on SIRA's website or you can develop your own recover at work plan.

The plan should include the following information:

6.4. Step 4: Implement and monitor the plan

6.4.1. Preparing colleagues for your worker’s return

Conversations between you and your worker must be kept confidential. However, if other team members may be affected by arrangements under the recover at work plan, it is important to inform them of relevant details. Talk to your worker about what information they would like to be shared, to promote understanding and support of any modifications that have been made.

Appropriate encouragement and support for your worker when they are recovering through work is important. It is also important to make sure all staff dealing with your worker:

• know the date their colleague is coming back to work
• have a copy of the recover at work plan (where appropriate)
• are aware of their important role in supporting the worker through the process.

6.4.2. Monitoring and upgrading the plan

When your worker returns to work, check in with them about how everything is going. It is normal for them to feel nervous or worried and they may need more support when they first return.

Tell them recovery is not always straightforward and occasional setbacks are normal and to be expected rather than viewed as a failure. This is why regular monitoring is so important.

Let them know you will help them to get back on track if they experience setbacks.

• Informal reviews

Informal reviews may be weekly and involve a chat between you, the worker and any staff involved in your worker’s recover at work plan. Discuss the arrangements in the plan ensuring they remain relevant to your worker and the workplace. Identify any problems or concerns that may have emerged. In the early stages, check your worker’s progress frequently as this is the time problems are most likely to occur.

• Formal reviews

The timing of a formal review is generally determined by the review date on your worker’s certificate of capacity. If your worker is progressing well and you and your worker agree to increased duties, suggest your worker makes an earlier appointment to see their doctor to have their capacity reviewed.

If your worker is reporting difficulties following the plan and minor changes do not fix the problem, ask your worker to make an appointment with their doctor to have their capacity reviewed as soon as possible. It may be appropriate to consider a case conference with your worker, the doctor and workplace rehabilitation provider (if applicable) to discuss the issues.

As your worker recovers, their capacity for duties at work will increase. You can gradually upgrade the plan by:

• increasing the hours of work
• reducing the number or length of rest breaks
• reducing assistance to the worker to complete tasks
• requiring the worker to perform more work in the same time period (increasing the work pace)
• introducing new duties that allow increased physical or functional demand.

When you upgrade the plan, create a new version with clear dates and upgrades so that everyone involved knows which is the current version. Gain agreement of the worker to the upgraded plan and provide copies to the support team.

6.4.3. What to do if the recover at work plan is not working

Reviewing your worker’s progress regularly will help you identify early if the plan is not working. Act quickly to identify the problem, discuss it with your insurer and the doctor and consider strategies that could be implemented such as:

• arranging a case conference
• referral to an approved workplace rehabilitation provider (if not yet involved) who can assist with:
  • a workplace facilitated discussion
  • a workplace assessment to review the worker’s capacity and/or identify additional duties to support upgrades in capacity
  • provision of equipment and workplace modification
  • SIRA funded programs to support recovery through work.

Agree to the most appropriate strategy together and update the recover at work plan, ensuring it is distributed to all the people involved in your worker’s recovery process.

7. Glossary

8. Further information

SIRA offers information about workers compensation insurance. For all enquiries about workers compensation claims and insurance you can phone us on 13 7472.

If you have any concerns about your worker's claim:

• Contact your insurer first. They will be familiar with your worker's circumstances and trained to take action and/or escalate your concerns.
• If you have raised an issue with the insurer and are dissatisfied with the outcome or decision, you can contact our Customer Service Centre on 13 74 72 or complaints about insurers. They will review your issue including whether the insurer’s management of the claim is in line with workers compensation legislation.
• If further action is required and SIRA are unable to assist, we will explain your options. Depending on the nature of your concern or complaint you may seek assistance from:
  • Personal Injury Commission
  • NSW Ombudsman
  • Health Care Complaints Commission

9. Footnotes

1. Workers Compensation Act 1987 section 4 and 9A(1)

2. Workers Compensation Act 1987 section 4

3. If you are an employer paying less than $30,000 in workers compensation insurance per year, you are classified as a small employer and your claims experience is not taken into consideration in calculating your future premium.

4. Penalties can apply if an employer fails to comply with any of these obligations.

5. Workers compensation regulation 2016 – Reg 138

6.  Section 42 of the Work Health and Safety Regulation 2017.

7. Section 44(2) of the Workplace Injury Management and Workers Compensation Act 1998.

8. Section 46 of the Workplace Injury Management and Workers Compensation Act 1998

9. Section 49 of the Workplace Injury Management and Workers Compensation Act 1998

10. Section 248 of the Workers Compensation Act 1987

11. Section 247 of the Workers Compensation Act 1987

12. Section 243 of the Workplace Injury Management and Workers Compensation Act 1998

13. Section 49 of the Workplace Injury Management and Workers Compensation Act 1998