WHS-PRO-006 Health Management Procedure

Intent

To outline the processes by which James Cook University (JCU) can support their workforce to stay at work / return to work following an injury and fulfil the commitments of the Health Management Policy.

Scope

This procedure applies to JCU staff and eligible Higher Degree by Research (HDR) students,in Australia, who work under a contract or undertaking, taken to be employment; and are determined to be Workers under Workers Compensation and Rehabilitation Act 2003 (Qld) (The Act).  This procedure relates to both work related and non-work related injuries.

Work related injury management processes outlined in this procedure are based on the Queensland workers compensation system and have been developed in line with The Act and the Workers’ Compensation and Rehabilitation Regulation 2014.  The procedure  applies to JCU staff who perform work in another Australian State or Territory, and at times other relevant State or Territory workers’ compensation legislation may apply.

This procedure does not apply to undergraduate or Masters students or volunteers. Students and volunteers receive coverage under an alternative policy within the JCU Legal and Assurance Office.

Definitions

External Rehab Provider: An allied health practitioner trained in the provision of occupational / vocational services such as workplace assessments, developing suitable duties plans and conducting medical case conferences for example, to assist in workplace rehabilitation.

Injury: A physical injury, aggravation of a pre-existing condition, psychiatric or psychological disorder. This definition is also taken to include acute and chronic illnesses, or other changes to health conditions or status such as pregnancy.

Non-work related injury: A personal injury or illness resulting from circumstances unrelated to the Worker’s employment at JCU.

Rehabilitation: A process designed to ensure the Worker’s earliest possible return to work and/or maximise the Worker’s independent functioning. Rehabilitation may include suitable duties plans, reasonable and necessary treatment and services provided by registered persons, services approved by an insurer or the provision of necessary and reasonable aids or equipment.

Suitable duties: Work duties selected to match to the injured Worker’s capacity for work, taking into account their pre-injury position of employment, relevant medical information, the goals of workplace rehabilitation, JCU’s Health Management Policies and Procedures, the Worker’s education, skills and work experience.

Supervisor: The person who is responsible for Workers, the allocation of tasks to Workers and/or the oversight of JCU HDR students during teaching and learning activities including field trips.

Treating Doctor: The Worker’s treating medical practitioner, specific to their injury. The term, treating doctor includes Surgeons, Specialists, and General Practitioners. It is preferred that the most relevant treating doctor be involved in providing medical information for the purpose of workplace rehabilitation.

WHS: Work Health and Safety work unit, a function within the Services and Resources Division.

WHS IPaMA: Work Health and Safety Injury Prevention and Management Advisor is a JCU staff member who is appropriately qualified to perform the functions of a Rehabilitation and Return to Work Coordinator under The Act and has the functions prescribed under the Regulation.

Worker: A Worker is ‘a person who works under a contract and, in relation to the work, is an employee for the purpose of assessment for PAYG withholding under the Taxation Administration Act 1953 (Commonwealth), schedule 1, part 2-5.

Please note: Under The Act, certain Higher Degree by Research students who are in receipt of stipends are deemed Workers.

Work related injury: An injury that arises out of the course of employment with JCU, in accordance with The Act.

WorkCover Queensland: The University’s accident insurer for Workers is WorkCover Queensland. WorkCover will make decisions on a claim regarding the employer’s liability and will coordinate the workers’ compensation claim. WorkCover works closely with the WHS IPaMA to ensure the safest and best possible return to work outcome for the Worker.

Workers’ Compensation: A form of insurance payable to Workers who become injured due to their work.. Payments may include wages, medical expenses and rehabilitation costs in line with he Act.

Workers’ Compensation Regulator: The Workers’ Compensation Regulator in Queensland (previously known as Q-COMP), now referred to as the Regulator, has functions including coordinating medical assessment tribunals and providing administrative reviews of WorkCover QLD decisions.

Workplace Rehabilitation: A system of rehabilitation that is initiated or managed by the employer, and includes temporary changes to a Worker’s work arrangements i.e. working modified hours and/or duties to accommodate an injury.

Procedure

1      Workplace Rehabilitation

The aim of rehabilitation is to assist with the recovery and rehabilitation of an injury, and to maximise the individual’s physical, psychological and social potential throughout the recovery period. Returning, or continuing to work following an injury, is considered beneficial and is an integral component of effective injury management.

A workplace rehabilitation program is initiated and/or managed by JCU to assist Workers to safely continue to work, or return to work following an injury. Workplace rehabilitation may include temporary adjustments to work hours or duties, the development of Suitable Duties Plans, and/or the implementation of reasonable and necessary workplace adjustments or equipment.

Workplace rehabilitation aims to return an injured Worker to their pre-injury occupation whenever possible.

The WHS IPaMA is responsible for coordinating workplace rehabilitation between the Worker, their treating Doctor, JCU management, WorkCover and any other person involved in the health management and stay at work/return to work process.

2      Work Related Injury

Within Australia, JCU staff are predominantly located in Queensland, therefore information about work related injuries in this procedure has been developed in line with legislative requirements set out in the The Act.

The University, the injured Worker, their Supervisor, the WHS IPaMA and the Insurer all have rights and responsibilities under The Act. Specific information relating to rights and responsibilities relating to workers’ compensation can be found by accessing The Act, the WorkSafe QLD website or if applicable, other relevant State or Territory legislation.

Appendix 1 Work Related Injury Management Flowchart provides an overview of the workplace rehabilitation process following a work related injury.

2.1 Incident Reporting

A JCU Worker must report any workplace incident and/or injury to their Supervisor as soon as practicably possible. The information is to be logged into JCU’s Risk Management System, RiskWare, within 48 hours or as soon as possible thereafter. Further information regarding reporting of incidents in RiskWare can be found in the WHS Incident and Hazard Management Procedure.

2.2 Workers’ Compensation

A JCU Worker who sustains a work-related injury is entitled to lodge a workers’ compensation insurance claim to cover reasonable and necessary costs associated with the injury. Insurance schemes differ in each Australian state, in Queensland the insurer is WorkCover QLD. Information about QLD WorkCover claims processes including timeframes for lodging, stakeholder rights and responsibilities and other information can be found on the WorkSafe Queensland website.

To lodge a claim, the Worker is to:

1. Lodge the incident on Riskware;
2. Engage with the WHS IPaMA;
3. Obtain a WorkCover Medical Certificate of capacity from their treating Doctor outlining the:
4. Injury diagnosis;
5. Medical investigations / treatment;
6. Capacity to work and medical restrictions (where applicable);
7. Review date.
8. Provide a copy of the WorkCover Medical Certificate to the WHS IPaMA, their Supervisor and to the Insurer;
9. Complete a claim form and lodge the claim through one of the following options – the Worker’s medical centre, have the WHS IPaMA lodge the claim on their behalf, or contact the Insurer directly for other claim lodgement options;
10. Lodge an application for personal and carer’s leave through HR Online for any hours of work that you are not deemed capable of working. These hours will be reimbursed upon WorkCover’s acceptance of a claim.  If the Worker is absent from the workplace because of their injury then their Supervisor should contact Human Resources so leave can be lodged on the Worker’s behalf.

Processes associated with lodging, managing and determining a claim vary from state to state. Workers are to speak to the WHS IPaMA or the Insurer for specific information regarding these processes.

For the duration of the workers’ compensation claim and workplace rehabilitation program, the worker is to:

a)  Obtain updated WorkCover Medical Certificates and provide these to their Supervisor  and the WHS IPaMA prior to the end of the previous WorkCover Medical Certificate;

b)  Participate in the workplace rehabilitation program by maintaining communication with their Supervisor, the WHS IPaMA and other relevant parties, work in accordance with the Suitable Duties Plan;

c)  Attend medical appointments associated with their injury outside of work hours wherever possible;

d)  Avoid undertaking activities at work or outside of work which may aggravate the compensable injury or cause additional injury which may impact on their recovery.

2.3 Medical Information

Medical information relating to the Worker’s injury will be required to enable JCU to provide workplace rehabilitation. The intention of collecting medical information is to determine the impact of the injury on the Worker’s ability to undertake their role and to remain safe throughout their workplace rehabilitation. The information will be used by the WHS IPaMA to initiate, monitor and progress a return to work or stay at work program and workers’ compensation claim. Medical information related to the injury may be collected by the WHS IPaMA and/or the Insurer through the workers’ compensation medical certificate, reports, questionnaires and other written communication methods, phone calls or face-to-face case conferences. Relevant medical information will be shared between JCU and the Insurer. A Worker is required to complete the JCU Medical Authorisation Form to facilitate communication with treating practitioners regarding their work related injury.

Injured workers have the right to choose their own treating allied health and medical practitioners. It is preferred that medical information provided for workplace rehabilitation come from the most relevant treating Doctor i.e. a Surgeon to provide post-operative management, a Psychiatrist to provide advice relating to mental health, and a General Practitioner to provide advice relating to conditions for which they are the primary treating medical practitioner.

At times, the WHS IPaMA may require additional medical information, to clarify, expand or specify certain information related to workplace rehabilitation. The need for additional information will be discussed with the Worker. On occasion, supplementary information may be sought from treating allied health professionals e.g. Physiotherapists, Exercise Physiologists, Psychologists, Occupational Therapists.

2.4 Stay at Work / Return to Work

JCU recognises that workplace rehabilitation is an important component of recovery from an injury. A Worker is to inform their treating doctor of JCU’s Health Management Policy and Procedure which indicates that wherever possible, JCU will support an injured Worker in the workplace for the duration of their recovery.

JCU will:

a)  Where possible, accommodate the injured Worker on suitable duties in line with medical restrictions;

b)  When required, develop a Suitable Duties Plan to document the temporary working arrangements;

c)  Coordinate workplace rehabilitation through the WHS IPaMA, in consultation with the Worker, Supervisor, treating Doctor and other relevant stakeholders;

d)  If required or requested, engage an external provider to assist with the workplace rehabilitation process and provision of support;

e)  Take into account individual needs including recognition of cultural or linguistic background;

f)  Cease the workplace rehabilitation once the Worker does not require further medical treatment and/or is able to return to normal duties.

Whilst a Worker  is undergoing workplace rehabilitation, the suitability of other flexible working arrangements may need to be reviewed e.g. working overtime and accrual of TOIL is not advised whilst recovering from an injury or illness, unless medical clearance has been received.

If a Worker is provided medical advice to work from home, the Workplace Rehabilitation Working from Home Procedure is to be followed.

2.5 Suitable Duties Plans

A Suitable Duties Plan is required when an injured Worker has medical restrictions which prevent or limit their ability to undertake their usual work duties. The purpose of a Suitable Duties Plan is to document the agreed temporary working arrangements.

Suitable Duties Plans are to be developed by the WHS IPaMA in line with medical advice, and in consultation with the Worker, Supervisor and other relevant stakeholders.

The WHS IPaMA on behalf of JCU may engage external providers to assist with identification and implementation of the Suitable Duties Plan.

A copy of the Suitable Duties Plan is to be provided to each party. Suitable Duties Plans are to be reviewed regularly, progressed in accordance with recovery, and modified if proving to be ineffective.

Suitable duties that are identified and included in the Suitable Duties Plan must match the skills and physical capabilities of the injured Worker. Suitable duties may not necessarily fall within the Worker’s pre-injury role but are to be meaningful to the Worker and University, should optimise the Worker’s rehabilitation and are not to place the Worker at risk of further injury. If suitable duties are identified in an alternate location, consideration must be given as to whether it is reasonable to expect the Worker to attend that location. The Suitable Duties Plan may involve changes to working hours, duties, tools and equipment etc. It is important the Suitable Duties Plan notes the following:

• The goal of the plan;
• A list of duties and restrictions;
• The hours / days to be worked;
• Details of training required;
• Anticipated review date for the plan.

It may be beneficial for work colleagues to be aware of a Worker’s Suitable Duties Plan. Open communication regarding this element of workplace rehabilitation increases understanding and support among team members.

Whilst a Worker is undertaking a Suitable Duties Plan, the suitability of other flexible working arrangements may need to be reviewed e.g. working overtime is not advised whilst recovering from an injury or illness. Travel and participation in field trips may not be appropriate and will require medical clearance. Extended Op-Time (Operational Working Hours System) is not applicable if working reduced hours whilst claiming WorkCover wage reimbursement.

2.6 Work related workplace rehabilitation participation

The Worker is required to participate in workplace rehabilitation and the Suitable Duties Plan. The Worker is to maintain open communication with the WHS IPaMA and their Supervisor, and report any issues as soon as possible so that they can be addressed. Failure to participate in workplace rehabilitation or voluntarily subjecting oneself to unsafe activities may result in the inability of JCU to support workplace rehabilitation and/or the suspension of WorkCover benefits.

If JCU is not able to provide workplace rehabilitation, the Insurer will be notified.  The Insurer may identify if a host employer is appropriate and return the Worker to alternative work with another organisation until the Worker can participate in workplace rehabilitation at JCU.

2.7 The role of management

A Supervisor is to participate in workplace rehabilitation by providing support and maintaining contact with the Worker during the period of workplace rehabilitation. This includes monitoring the performance of suitable duties, and notifying the WHS IPaMA of any issues or concerns during the workplace rehabilitation program. The Supervisor is to maintain confidentiality regarding any personal medical information and should liaise with the injured Worker regarding how best to communicate relevant details regarding their workplace rehabilitation to team members e.g. reduced hours or altered tasks.

2.8 Expenses

WorkCover will pay reasonable and necessary costs associated with an accepted workers’ compensation claim, pursuant to entitlements outlined in The Act.

If costs are incurred prior to liability being determined on the claim, it is the Worker’s responsibility to pay for, and retain proof of, expenses relating to their injury.  Workers are advised that they must have a current WorkCover Medical Certificate outlining the necessary treatment in order to request reimbursement by WorkCover. WorkCover will consider reimbursement upon acceptance of the workers’ compensation claim. Should liability for the claim be declined, the expenses are not able to be reimbursed by WorkCover or JCU.

Throughout the duration of an accepted WorkCover claim, the Worker is to familiarise themselves with their expense entitlements and requirements for claiming, which can be found on the WorkSafe QLD website.

2.9    Time off due to work related injury

If a treating Doctor determines that a Worker requires time off work following a workplace injury, it must be recorded on the Workers’ Compensation Medical Certificate.

Fixed-term, continuing or part-time Workers are to follow the steps outlined below. Note that JCU will pay a Worker their wages on the day of injury as per The Act:

• The Worker is to lodge a leave request for the time off as per Human Resources Leave Procedure. (If a Worker is absent from the workplace because of their injury then their Supervisor should contact Human Resources so leave can be lodged on the Worker’s behalf.)
• JCU will reimburse the Worker’s leave entitlements only if the Insurer accepts liability for the claim and the leave taken is in line with the medical advice provided on the Workers’ Compensation Medical Certificate.

Casual Workers are to submit timesheets only for hours worked, and will receive wage reimbursements by the Insurer for periods of incapacity documented on the Workers’ Compensation Medical Certificate.

2.10 Wages information

JCU will pay a Worker’s wages in accordance with the The Act.

3      Non–Work Related Injury

Where possible, JCU supports the workplace rehabilitation for non-work related injuries.

Appendix 2 Non-Work Related Injury Management Flowchart  provides an overview of the workplace rehabilitation process following a non-work related injury.

3.1 Disclosure

A Worker is not legally obliged to disclose a non-work related injury or illness, however, the University is unable to provide workplace rehabilitation or make reasonable adjustments for those who do not provide sufficient medical information relating to the impact of the medical condition on their ability to work.

The Worker is encouraged to notify their Supervisor of a non-work related injury as early as possible, particularly if there is a potential impact on the Worker being able to perform the inherent requirements of their role, or the injury poses additional risks to the Worker in the work environment.

3.2 Medical Information

If seeking reasonable adjustments or workplace rehabilitation, the Worker must provide medical evidence from their treating Doctor in regard to the non-work related injury. This information is to be provided to the WHS IPaMA and Supervisor. Workers are encouraged to use the JCU Work Capabilities Form to collect the necessary information.  It is preferred that medical information provided for workplace rehabilitation be obtained from the most relevant treating doctor i.e. a Surgeon to provide post-operative management, a Psychiatrist to provide advice relating to mental health, and a General Practitioner to provide advice relating to conditions for which they are the primary treating medical practitioner.

The Supervisor or Worker must contact the WHS IPaMA if workplace rehabilitation is required. The WHS IPaMA will facilitate workplace rehabilitation and develop a stay at work/ return to work Suitable Duties Plan in consultation with the relevant stakeholders.

At times, the WHS IPaMA may require additional medical information, to clarify, expand or specify certain information related to workplace rehabilitation. The need for additional information will be discussed with the Worker. On occasion, supplementary information may be sought from treating allied health professionals e.g. Physiotherapists, Exercise Physiologists, Psychologists, Occupational Therapists.

3.3 Stay at Work / Return to Work

Where possible, JCU will assist those with a non-work related injury to stay at work or return to work. The WHS IPaMA will work with relevant parties to facilitate this process. For workplace rehabilitation to occur, the following must take place:

a)  The Worker must notify their Supervisor of the non-work related injury;

b)  The Worker will provide a JCU Work Capabilities Form completed by their treating Doctor outlining their capacity for work and other considerations;

c)  The Worker will provide the Work Capabilities Form to their Supervisor  and the WHS IPaMA;

d)  The Supervisor  will consider the information / advice at hand to determine whether the work area is able to provide workplace rehabilitation in line with the Work Capabilities Form recommendations and advise the Worker and WHS IPaMA of the decision;

e)  JCU may request the Worker to provide further medical information relevant to workplace rehabilitation from the treating Doctor;

f)  If workplace rehabilitation can be provided the WHS IPaMA will develop a Suitable Duties Plan in consultation with the Worker, Supervisor  and treating Doctor;

g)  The Supervisor  will maintain contact with the Worker throughout workplace rehabilitation;

h)  The WHS IPaMA is to be advised of any issues that arise during the workplace rehabilitation;

i)  Workplace rehabilitation will cease in the event that JCU is unable to provide temporary suitable duties;

j)  Workplace rehabilitation will cease once the Worker does not require further medical treatment and provides a clearance medical certificate stating they are able to return to performing normal duties.

Whilst an individual is participating in a Suitable Duties Plan, the suitability of other flexible working arrangements may need to be reviewed e.g. working overtime is not advised whilst recovering from an injury or illness. Travel and participation in field trips may not be appropriate and will require medical clearance. Workers may be required to alter or cease flexible work arrangements such as the Optional Working Hours System.

If a Worker is provided medical advice to work from home, the Workplace Rehabilitation Working from Home Procedure is to be followed.

3.4 Suitable Duties Plans

Refer to section 2.5 above.

3.5 Non-work related workplace rehabilitation participation

If a Worker with a non-work related injury fails to participate in workplace rehabilitation, JCU has the right to suspend or terminate workplace rehabilitation until the Worker is able to return to their normal duties. Examples of failure to participate includes the refusal to provide adequate medical information and not adhering to medical advice and/or workplace rehabilitation recommendations. If workplace rehabilitation is suspended or terminated, the Worker is to use accrued leave entitlements until they are able to resume normal work duties.

Where there is no significant progress made by the Worker during the workplace rehabilitation, this will be discussed with the Worker. JCU may request further information from the treating Doctor and/or re-evaluate the University’s ability to provide ongoing workplace rehabilitation.

3.6 The role of management

Refer to section 2.7 above.

3.7 Expenses

The Worker is responsible for expenses relating to the treatment of a non-work related injury; however the work unit may be responsible for expenses relating to reasonable adjustments, as outlined below, to the work environment.

3.8 Time off due to non-work related injury

Workers are required to follow the JCU Enterprise Agreement and HR policies and procedures with regard to time off work.

If a Worker requires a period of time on partial or graduated hours of work as a result of a non-work related injury, the Worker will be required to supply medical information to assist with the development of a Suitable Duties Plan.

Should a Worker provide medical information to substantiate a long term reduction in working hours (i.e. longer than three months) and/or medical advice to advise against a return to full hours in the foreseeable future, they will be encouraged to speak with Human Resources regarding options.

3.9 Wages Information

JCU will pay wages to a Worker for hours worked. If the Worker is unable to work normal hours due to a non-work related injury, the Worker is able to access accrued leave entitlements or submit personal and carer’s leave without pay for the hours not worked.

3.10 Temporary Incapacity / Permanent Disability (UniSuper)

A Worker who suffers a non-work related injury may be eligible to apply to their superannuation fund for a Temporary Incapacity (TI) benefit or Total and Permanent Disability (TPD) benefit. JCU Human Resources Directorate, UniSuper or QSuper (where relevant) can be contacted for further information.

3.11 Pregnancy

The JCU Enterprise Agreement refers to the ability for staff to Transfer to a Safe Job if there are significant risks arising out of the pregnancy in connection to the Worker’s position. In addition, adjustments in line with non-work related workplace rehabilitation may be applicable.

4      Reasonable Adjustments

JCU has a legal obligation to make reasonable adjustments, where possible, for a Worker with an incapacitation or permanent impairment (work-related or non-work related). Reasonable adjustments are services or facilities that may be provided by JCU to enable a Worker to fulfil the inherent requirements of their role. The obligation to provide reasonable adjustments does not, however, require JCU to modify the nature of a particular role (or its inherent requirements).

Reasonable adjustments are adjustments that do not impose unjustifiable hardship on JCU.

Medical evidence will be required to assess the extent to which a Worker can perform their role and assess what reasonable adjustments may be required. Failure to provide sufficient medical evidence and guidance regarding reasonable adjustments will limit JCU’s ability to accommodate such requests.

5      Independent Medical Examination

In line with the Managing Ill Health and Injury clause in the JCU Enterprise Agreement, there may be times where JCU, in consultation with the Worker, may request further information regarding capacity to work, by arranging an Independent Medical Examination (IME) with an appropriately qualified medical /health practitioner i.e. one that is registered with the Australian Health Practitioner Regulation Agency (AHPRA).

All requests for an IME will proceed in line with the Managing Ill Health and Injury clause of the JCU Enterprise Agreement.. Information from the report that is relevant to injury management will be made available to the IPaMA to be incorporated into the workplace rehabilitation program.

(Section 5 does not apply to HDR students).

6      Review of Workplace Rehabilitation

Workplace rehabilitation will be monitored on a regular basis by the WHS IPaMA in conjunction with other parties involved, as applicable.

The progress of each case will be considered on medical grounds. If continued rehabilitation is necessary, and the Worker’s progress is satisfactory to all concerned, and the University is able to continue to accommodate medical restrictions, then extensions to the rehabilitation program may occur.

Workplace rehabilitation may cease if/when:

• The University is no longer able to accommodate the medical restrictions;
• The Worker fails to participate satisfactorily;
• No further assistance is required, or;
• The injury is resolved.

Upon completion of workplace rehabilitation, the Worker will have the opportunity to provide feedback on their satisfaction of the rehabilitation process via an anonymous survey.

7      Termination of Employment on the Grounds of Ill Health

Termination of employment on medical grounds may be pursued in accordance with relevant legislative requirements and the JCU Enterprise Agreement.

(Section 7 does not apply to HDR students).

8      Confidentiality

To fulfil the role of Injury Prevention and Management and create a safe, effective workplace rehabilitation program, it is to be expected that an amount of personal information will need to be exchanged.

Information obtained for the purpose of workplace rehabilitation will be treated with sensitivity and confidentiality by all stakeholders and in accordance with JCU’s Information Privacy Policy and Right to Information Policy. If it is necessary to obtain or release information associated with a Worker’s injury and workplace rehabilitation to a third party, the Worker’s authority to obtain or release the information is to be completed.

Workplace rehabilitation information regarding the impact of an injury on the Worker’s ability to undertake their role must be communicated between the Worker, WHS IPaMA and relevant line management.

A Worker’s injury may indirectly impact upon work colleagues through absenteeism, reduced productivity, visible signs of injury, or through workplace adjustments. Workers are encouraged to speak with their Supervisor about how best to communicate any necessary information to colleagues. This information might include Suitable Duties Plans, altered work arrangements, limitations or absences affecting work output. In these circumstances personal medical information is not required to be shared by the Worker.

9      Overseas / Interstate Work Related Accident Insurance

9.1 Overseas Workers

Workers who are temporarily engaged in another country for periods of less than six months are covered under JCU’s workers’ compensation insurance. For temporary overseas engagement for periods greater than six months, workers’ compensation coverage will depend on individual employment circumstances including their principle place of employment, which should be discussed with the WHS IPaMA and JCU Insurance.

JCU Workers who reside permanently overseas are not covered under QLD Workers’ Compensation insurance. In these instances, Management should contact Insurance@jcu.edu.au to discuss appropriate insurance coverage.

At all times when overseas as part of JCU employment, Workers are to contact Insurance@jcu.edu.au to discuss additional insurance requirements such as travel insurance.

9.2 Interstate Workers

If a Worker usually works in a State or Territory other than Queensland, and the Worker’s employment is connected with that State, then JCU will insure the Worker under an accident insurance policy according to that State or Territory’s legislated requirements. Workers’ compensation and workplace rehabilitation will take place in accordance with the relevant legislative requirements.

Workers who temporarily travel to States or Territories other than Queensland are insured by WorkCover QLD.

10    Grievances

If a Worker is unhappy with a decision regarding workplace rehabilitation, the Worker may raise the matter with their Supervisor or the WHS IPaMA. If unable to resolve the dispute informally, the Worker is to escalate the matter to more senior line management and/or the WHS Manager.

If the grievance is in relation to a work-related injury and claim, WorkCover QLD may also be contacted to assist in dispute resolution.

In relation to work related injuries and claims, if the Worker or JCU is unhappy with a liability decision made by WorkCover QLD e.g. to accept or decline a claim, the decision can be reviewed with the Workers’ Compensation Regulator, however strict time frames apply and the Worker is to contact WorkCover to obtain this information.

Related Policy Instruments

HR Leave Procedure

JCU Enterprise Agreement

WHS Health Management Policy

WHS Incident & Hazard Management Procedure

Workplace Rehabilitation Working From Home Procedure

Related documents and legislation

Fair Work Act

JCU Work Capabilities Form

Workers’ Compensation and Rehabilitation Act 2003 (Qld)

Workers’ Compensation and Rehabilitation Regulation 2014 (Qld)

Schedules / Appendices

Appendix 1 – WHS Health Management – Work Related Injury Management Flowchart

Appendix 2 – WHS Health Management – Non Work Related Injury Management Flowchart

Administration

NOTE:  Printed copies of this procedure are uncontrolled, and currency can only be assured at the time of printing.

Approval Details

Revision History