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Workers’ Compensation and Injury Management Long Duration Claims and Delays in Return to Work 31 October 2013. Chris White A/Chief Executive Officer, WorkCover WA. Outline. About Workers’ Compensation in WA. Legislation: Workers Compensation and Injury Management Act 1981
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Workers’ Compensation and Injury Management Long Duration Claims and Delays in Return to Work 31 October 2013 Chris WhiteA/Chief Executive Officer, WorkCover WA
About Workers’ Compensation in WA • Legislation: Workers Compensation and Injury Management Act 1981 • No-Fault system • Privately underwritten
Differentiated regulation Information Advice Assistance Monitoring Enforcement • Communications & Education AdvisoryServices CustomerAssistanceUnit Standards& Monitoring(service providers) ComplianceServices(employers) Advice & Assistance Unit
Communications and Education • Targeted education programs - e.g. insurance brokers • education • code of practice • Information sessions • Legislative obligations • Rights and responsibilities of key parties • Injury management • Return to work • Contractors and sub-contractors • Conciliation and Arbitration Services • WorkCover WA’s role and responsibilities • Presentations available on request
Advice and Assistance Advisory Services • Trained, friendly staff • Private rooms for private conversations • Phone 1300 794 744 • Email postmaster@workcover.wa.gov.au Customer Assistance • Guidance to parties relating to claim issues • Can help resolve issues between parties if all agreeable • Assist parties to complete legislative requirements for Conciliation and Arbitration Services (CAS) applications
Legal obligations for employers Workers’ compensation insurance policyMust cover ALL workers (including contractors & sub-contractors) Claim Form & Medical Certificate to insurer within 5 daysIf submitted through an insurance broker, the broker must forward immediately Make payments to injured worker Implement an injury management systemNot complicated - templates are available on the WorkCover WA website Prepare and implement a return to work programEmployers may discharge this obligation to their insurer
Injury management & return to work • Defined as: ‘the management of workers’ injuries in a manner that is directed at enabling injured workers to return to work’ • It is a legal requirement for employers to: • have an injury management system that describes the steps to be followed if a workplace injury occurs • implement a ‘return to work’ program if the treating doctor advises that the injured worker has a capacity to work • Code of Practice (Injury Management) 2005 and Guidance Notes for the Code of Practice (Injury Management) 2005
Why is injury management required? • Workplace injuries have direct and indirect costs to workers and business: • direct financial costs • reduced productivity • personal costs to worker • Minimise impact of injuries with effective injury management • Facilitates recovery and injured worker’s return to work • Prepare for an injury before it occurs
Reasons for not returning to work Source: Australian Institute for Social Research “The role of the workplace in return to work” (WorkCover SA) March 2010
Helping people return to work – using evidence for better outcomes Key recommendations: • Use of evidence based medicine and evidence based policy making to form the basis of return to work approaches • Health outcomes of workers to be routinely collected/reported • Training for medical practitioners • Develop systems support for improved practitioner-workplace communication Source: http://www.racp.edu.au – AFOEM publications
Return to Work is the “Healthiest Outcome” “For most people their work is a key factor in their self worth, family esteem and identity. So if they become sick and are not helped quickly enough, they can all too easily find themselves on a downward spiral into long term sickness and a life on benefits.” Dame Carol Black Professor of Rheumatology at the UCL Medical School;Former Director for Health and Work;Former President of the Royal College of the Physicians