QUALITY DOCUMENT
Name of Form: IMS9.9.2 Injury Management and Rehabilitation Procedure

IMS9.9.2 Injury Management and Rehabilitation Procedure

1.0   PURPOSE

.The purpose of this procedure is to define the key responsibilities of the company and employees of SeaLink Gladstone in relation to injury management and return to work processes. This document details the requirements for the company to achieve the following:

• Providing a managed system of rehabilitation and injury management which focuses on early return to work with the aim of restoring an injured employee to their pre-injury status.
• Developing and implementing an effective return to work management system that supports individuals’ needs.
• Ensuring that all levels of staff are aware of their obligations and responsibilities regarding injury management and return to work processes

2.0   REFERENCES

• Workers’ Compensation and Rehabilitation Act 2003
• Workers’ Compensation and Rehabilitation Regulation 2014
• Information Privacy Act 2009
• Managing the Risk of Psychosocial Hazards at Work Code of Practice 2022
• Information for Employer, WorkCover
• Information for Employee, WorkCover
• Job Task Analysis for designated roles

3.0   DEFINITIONS

3.1   Rehabilitation

Rehabilitation of an employee is a process designed to ensure the employee’s earliest possible return to work or to maximize the employee’s independent functioning. Rehabilitation involves the provision of approved services, services provided by a registered person, suitable duties programs or necessary and reasonable aids or equipment to an injured employee. The company will take all reasonable steps to assist or provide their injured employees with rehabilitation for the period for which the employee is entitled to compensation.

Benefits of Rehabilitation

As an employee, participation and commitment to rehabilitation means return to work quickly and safely

• less disruption to family, work and social life
• improved employment and financial security
• less time spent recovering from the injury
• reduced level of impairment

Employer participation in rehabilitation can:

• reduce disruption impacting productivity
• reduce staff turnover
• improve staff morale and workplace industrial relations
• minimise retraining expenses
• reduce claims costs and impact on premium
• support an employee's return to the workplace.

3.2   Rehabilitation and Return to Work Coordinator (RRTWC)

Is a person who has completed an approved course on workplace rehabilitation and return to work or who is experienced/competent on the tasks required of the role. This person acts as the link between the injured person, the treating doctor, management, supervisor, WorkCover, the rehabilitation provider and any other stakeholders

3.3   Suitable Duties (SD) Program

These specially selected duties at the workplace are a means of providing a monitored and graduated return to normal duties. They are:

• matched to the capabilities of the employee.
• time limited and regularly upgraded according to their level of recovery and treating medical doctor advice.

The following must be considered when choosing suitable duties:

• the employee’s pre-injury duties, age, education, skills, work experience and nature of the incapacity
• any restrictions and limitations specified by the treating doctor
• the duties must be meaningful and have regard for the objectives of the employee’s rehabilitation
• the duties will be reviewed on a regular basis and the program progressively upgraded, consistent with the employee’s recovery
• availability of appropriate suitable duties within the business at the time of developing a SD program

In supporting recovery at work the aim of the suitable duties program is to:

• increase work tolerance
• increase capacity to perform jobs with specific physical demands
• improve physical endurance
• normalise attendance patterns and work behaviours
• keep employees in contact with their workplace and team members

3.4   Workers Compensation Insurer

The workers compensation insurer for SeaLink Gladstone is WorkCover Queensland. WorkCover will make decisions on each claim regarding the company’s liability and will coordinate the overall rehabilitation plan based on the available medical information.

3.5   Workers’ Compensation Regulatory Authority, Queensland

The Regulator has many functions including the running of the medical assessment tribunals, providing administrative reviews of insurer decisions, educating the scheme about rehabilitation and return to work and connecting injured employees with services that will assist them in re-entering the workplace if they are not able to return to their pre-injury role.

4.0   ROLES & RESPONSIBILITIES

5.0   WORK RELATED INJURY OR ILLNESS

5.1   Injury Management Process

In the event any person becomes injured, the following steps are to be followed:

• Notification to supervisor
•  Site of incident assessed and secured
• Administration of first aid by First Aid trained personnel
•  Supervisor updated on the injured person, status, treatment administered, etc.
• First Aid Attendant, Supervisor and injured employee to make decision on best course of management namely:
  • First aid treatment and immediate return to work; or
  • Assessment off site by a doctor (injured person has the right to nominate treating doctor) – nonsignificant injuries; or
  • Contact ambulance and transport to hospital – significant injuries. SeaLink a company representative will provide support with anyone requiring transportation off site (RRTWC if available). Attendance at any medical reviews by a company representative is by consent of the employee only.
• Completion of Incident Report by supervisor (and injured employee where possible). Notification to RRTWC, if not already done so.
• Ongoing communication between the injured person and the workplace as to the status of the injured person.
• Medical certificates and reports are to be forwarded to the RRTWC as soon as practicable.

5.2   Injury Management Plan

All cases are to be managed by the RRTWC, with direct contact of the injured employee being made by the RRTWC as soon as practicable, so rehabilitation needs can be assessed. Case management primarily consists of communication, consultation and management of confidential records. It may also consist of attending reviews with the treating doctor to obtain/discuss prognosis, treatment options, developing SD Programs and/or identifying suitable duties. Plans to manage rehabilitation and return to work for workplace injuries will depend on the complexity of each case, and are guided by the table below:

6.0   INJURY MANAGEMENT PROCESS BASED ON MEDICAL CERTIFICATE

6.1   Certified Unfit for Work

• The injured person will notify the RRTWC and Supervisor as soon as possible.
• The supervisor and RRTWC will maintain regular contact with the employee to monitor injury progress. The RRTWC will make an attempt to contact the injured employee on a minimum of a fortnightly basis or as negotiated.
• The injured employee shall attend medical visits and prescribed treatments as specified on the medical certificate and as determined by WorkCover.
• The employee will report to the RRTWC the status of injury, medical visits scheduled and any change in return-to-work status or medical certificates.
• Where possible, the employee and RRTWC will discuss suitable duties prior to medical visits. If suitable duties are appropriate, the RRTWC and employee will discuss a SD Program over the phone. The RRTWC will then review this with the relevant manager and submit this to the treating doctor for review at the next consultation.
• When an employee is declared ‘fit for suitable duties’ by the Treating Doctor, the employee shall inform the RRTWC as soon as practicable (before their next rostered shift). 

6.2   Prolonged Absence from Work

In cases where the employee has been absent from the workplace for an extended period of time due to the injury, or has a long history of previous similar injury or major incapacity, The company may complete the following:

• Request further information from the employee’s treating doctor
• Request a case conference between the RRTWC, injured employee and treating doctor
• Engage an external rehabilitation provider following consultation with employee regarding their preferred rehabilitation provider. Should employee have no preference for a Rehabilitation Provider the RRTWC will engage an appropriate rehabilitation provider.
• Obtain a Fitness for Duty Assessment by an Occupational Physician

The provision of these services will be to ensure that there is no potential for re-injury or further injury to the employee by resuming their pre-injury duties.

6.3   Certified Fit for Suitable Duties

• The injured person will notify the RRTWC and Supervisor as soon as possible.
• Where possible, the employee and RRTWC will discuss suitable duties prior to medical visits.
• If suitable duties are appropriate, the RRTWC and employee will discuss a SD Program over the phone. The RRTWC will then review this with the relevant manager and submit this to the treating doctor for comment and approval.
• If not completed prior to the medical consultation, the SD Program will be completed once the individual returns to the workplace. The SD Program will be completed by the RRTWC and the injured employee, then reviewed and approved by the Supervisor and/or Manager. It is then forwarded to the treating doctor for approval.
• At minimum, the SD Program shall specify the following:
  • Return to Work Goal
  • Nominated supervisors of the plan
  • Start and Review date of plan
  • Medical restrictions
  • Duties or Tasks to be avoided
  • Duties or Tasks to be completed. Task provided are to be meaningful and within the medical restrictions outlined on the medical certificate.
  • A statement detailing that the injured employee is not permitted to work beyond medical restrictions
  • The steps to take should an aggravation occur onsite
  • Treating doctor review dates, medical appointment dates, treatment dates
  • A sign off process involving the Injured Employee, Supervisor, RRTWC and Treating Doctor.
• Depending on the individual case, the RRTWC may also liaise with an Occupational Rehabilitation Provider (if applicable) and treating Doctor when developing a SD Program. (refer section 5.2)
• A signed copy of the SD Program will be forwarded by the RRTWC to WorkCover.
• In the case of prolonged periods whereby the individual is certified “Fit for Suitable Duties” an external rehabilitation provider may be engaged (if not engaged already) following consultation with employee regarding their preferred rehabilitation provider. Should the employee have no preference for a Rehabilitation Provider, the RRTWC will engage an appropriate rehabilitation provider
• In some cases, suitable duties may not be an option or provided due to the following:
  • suitable duties, consistent with the recommended restrictions on the WorkCover Certificate may not be available during that period;
  • suitable duties which are available are not within the injured employee’s skill range (i.e.. qualifications);
  • the continuation of suitable duties may present as a risk of a new injury or further aggravating the condition/ injury.

6.4   Monitoring to Confirm Durability of Return to Work

Once fit for pre-injury duties and final clearance is obtained, the RRTWC will monitor the individual for 2 to 4 weeks, depending on the complexity of the case. The purpose of the monitoring will be to confirm that the return to work is sustainable, and that support is provided where possible. 

In the case of aggravations due to the previous injury, the RRTWC will request the employee to complete an Incident Report form and will complete a case note in the file regarding the aggravation. The employee will be instructed to see their doctor for an assessment, which may reopen their workers compensation claim.

7.0   PSYCHOLOGICAL IMPAIRMENT CLAIMS

The process for psychological impairment claims such as workplace stress, bullying, harassment etc are managed the same as physical injury claims. The employee and the company will follow the process for Unfit for Work, Fit for Suitable Duties or Fit for Pre-Injury Duties as outlined in section 6.0.

8.0   UNABLE TO ACHIEVE THE RETURN-TO-WORK GOAL

In cases where an employee is not progressing toward the return-to-work goal and /or relevant medical / occupational advice suggests that an injured employee is at risk of further aggravations, the following may occur:

• RRTWC to request further information from the employees treating doctor
• RRTWC to request a case conference between the RRTWC, injured employee, treating doctor and WorkCover case manager
• RRTWC to engage a rehabilitation provider, following consultation with employee regarding their preferred rehabilitation provider. Should employee have no preference for a Rehabilitation Provider the RRTWC will engage an appropriate rehabilitation provider.
• RRTWC to discuss with the Manager obtaining a Fitness for Duty Assessment by an Occupational Physician.

Where practicable, the Hierarchy of Return to Work will be followed for same employer:

• Same duties / Same employer
• Similar duties / Same employer
• Different duties / Same employer
• Different duties / Host employer

This may include but is not limited to:

• Permanently modified duties
• Redeployment to an alternate role

8.1   Employee Requires Permanently Modified Duties or Redeployment to an Alternative Role

• RRTWC to request further information from the employee’s treating doctor.
• RRTWC to request a case conference between the RRTWC, injured employee, treating doctor and WorkCover case manager.
• RRTWC to liaise with WorkCover regarding a referral to an external rehabilitation provider for a vocational assessment and possible Independent Medical Exam.
• RRTWC to coordinate a meeting between relevant parties to discuss the results of the vocational assessment and medical information.
• RRTWC will review functional requirements and position descriptions of potential roles.
• Employees will then be sent for a Functional Assessment to confirm their suitability to the role 8.
• Roles will only be offered to individuals who meet the requirements of the role and if a current vacancy exists.
• Employees will be issued with a new contract with remuneration that reflects the role.
• Individuals will be monitored quarterly for a 12-month period through reviews with the RRTWC and employee’s supervisor.
• SD Program updates to be sent to the employee’s doctor in the 12-month period, as long as their claim remains open.
• After 12 months completed, the individual will be seen as capable of performing the role and there will be no further formal involvement i.e. rehabilitation file closed. At any time, the employee is able to return to their doctor should issues arise.

8.2   Permanently Modified Duties or Redeployment to an Alternative Role are not able to be Offered

Permanently modified duties or redeployment to an alternative role may not be offered in the following circumstances:

• Analysis of functional requirements, position description and assessment results reveal that permanently modified duties will not be able to be sustainable and/or performed safely.
• Results of the assessments reveal that the individual is not capable of performing a role that is available.
• Results of the assessments reveal that the employee is at risk of new injury or further aggravation in the roles available.
• Employee can physically perform the role but does not meet the requirements of the position description (e.g. MED role is vacant however the employee does not possess a MED ticket).

In the event permanently modified duties or redeployment is not available the following will be initiated:

• Suitable duties will be withdrawn
• Rehabilitation will be managed by the WorkCover case manager, and a rehabilitation provider will be engaged as they deem appropriate.

9.0   GENERAL CONSIDERATIONS FOR THE RETURN-TO-WORK PROCESS

9.1   Early intervention

An early intervention approach to support injured employees can include the following:

• Contacting employees who have reported an injury (i.e. Report Only, First Aid Injury etc)
• Advising the employee, they are able to attend a doctor or lodge a claim with WorkCover at any time
• Review of injury and treatment with GP or OT
• Speaking with the relevant manager about the employee’s duties
• Monitoring the employee for the duration of their treatment
• Maintaining all documentation and correspondence in relation to the injury

If the employee reports being unable to complete the range of their normal duties, they will be advised that they must attend a doctor for an assessment and to obtain a Work Capacity medical certificate.

9.2   Hierarchy of Return to Work

The Hierarchy of Return to Work will be followed when providing rehabilitation programs for employees:

• Same duties / Same employer
• Similar duties / Same employer
• Different duties / Same employer
• Different duties / Host employer
• Same duties / Different employer
• Similar duties / Different employer
• Different duties / Different employer

The Suitable Duties programs and Hierarchy of Return to Work are based on individual needs, medical certification, medical reports, treatment provider reports etc. The primary focus is that the individual returns to Same duties / Same employer.

9.3   Stakeholder Engagement

The RRTWC will maintain communication with key stakeholders throughout the RRTW Process. This can involve the following:

• Weekly to fortnightly liaison with the injured employee. The injured employee to contact the RRTWC as required.
• Reviews with supervisors and relevant management as required and as outlined in section 5.2.
• WorkCover Case conference
• Regular contact with the WorkCover case manager
• Providing workplace updates or proposed updates in suitable duties to the treating doctor
• Consultation with HR Coordinator

9.4   Communication

Regular contact should be made with the injured employee through, but not limited to:

• Meetings with the RRTWC
• SD program reviews
• Communication between supervisors and the injured employee

10.0   MENTAL, PSYCHOLOGICAL & SOCIAL IMPACTS OF AN INJURY

It is acknowledged that an injured employee and their family may experience difficulties adapting to the additional requirements associated with being on Workers Compensation. The injury management plan meetings based on case complexity are an opportunity for injured employees to raise their concerns and to have these resolved.

At a minimum, employees are encouraged to speak with the RRTWC and their supervisor to identify their concerns and to assist with their resolution. Co-employees are encouraged to be supportive and understanding of the injured employees process and assist where possible.

The Employee Assistance Program (EAP) is available to employees and their families for work and non-work-related issues. This is a free and confidential service that can be accessed in a location that best suits the injured employee or family. The contact number for SeaLink’s EAP Provider “Working Life” is 1300 369 072, where there is 24/7 access to crisis support.

11.0  NON-WORK-RELATED INJURY MANAGEMENT

Suitable duties may be offered for non-work-related injuries. Offering of suitable duties for non-work-related injuries will be dependent on suitable duties being available which are within medical restrictions and are subject to the approval of the General Manager. Employees will require a doctor’s certificate outlining their restrictions and timeframes for these restrictions. They will be placed on a SD Program for the duration of their time spent on suitable duties, if available. Non-work-related injury management cases may be managed by the RRTWC or the Manager People & Culture.

Prior to returning to their pre-injury role, the employee will be required to submit a medical clearance from their treating Doctor or Specialist. Depending on the type of injury or illness, a Fit for Duty Medical assessment may need to be completed by the employee before approval to return to work is granted.

The employee must notify the RRTWC or Manager People & Culture of the medical clearance. The employee is responsible for the costs associated with obtaining the medical clearance. The company is responsible for the cost of the any Fit for Duty Medical. Once the RRTWC or Manager People & Culture receives the medical clearance (and Fit for Duty Medical if applicable), the relevant manager will be notified, and the employee will be able to return to work.

12.0   GRIEVANCE

Communicating with injured workers. Should an injured employee have any issues related to the SD Program and/or specific duties then they should raise this with the RRTWC. Further levels of management will be engaged to assist with dispute resolution as needed. If the issue cannot be resolved at this level, then assistance from WorkCover will be requested in resolving the dispute.

Any issued concerning workers compensation payments, they are to advise payroll. If payroll has caused an error, then it will be addressed as per any other type of wage payments. In the unlikely event of WorkCover miscalculating the normal weekly earnings (NWE), payroll will advise the employee and make adjustments in the pay cycles following, in a manner agreed to with the employee. It will be made clear to the employee that this was a WorkCover error and that the company will work with the employee to make the compensation payment adjustments as smooth as possible. Where the employee has sustained financial hardship as a result of a WorkCover error, they will be referred to lodge their complaint with the Workers Compensation Regulator. If either an injured employee or the company is dissatisfied with a decision made by WorkCover, the decision may be reviewed with the Workers Compensation Regulator.

13.0   CONFIDENTIALITY & PRIVACY

All injury management and rehabilitation information pertaining to an injured / ill employee is considered confidential. Records and information will be maintained in accordance with the Information Privacy Act 2009. Records (both paper and electronic copies) will be treated confidentially and maintained in secure locations: locked cabinet for written records and restricted access for electronic record.  Written authority must be obtained from the injured employee in order to release or obtain information related to their injury management / rehabilitation needs (excluding case notes).

14.0   REPORTING, MONITORING, REVIEW

14.1   Notification to WorkCover

WorkCover must be notified of all injuries and claims within 8 business days of becoming aware of the injury. The Incident Report Form and any other supporting documentation relevant to the injury will also be submitted to WorkCover.

14.2   Monitoring

This procedure will be monitored for effectiveness through workforce and supervisor feedback. Feedback will be obtained by the RRTWC upon resumption of pre-injury duties. The RRTWC will complete an Injured Worker Checklist from the start, throughout and at the completion of each case. The purpose of this checklist is to ensure the files are maintained to a minimum standard and to track effectiveness of rehabilitation and return to work processes.

14.3   Review

This procedure will be reviewed every 2 years through consultation with employees and managers, to ensure that the procedure meets the needs of the employees and the business. Feedback obtained through monitoring requirements above will also be used as part of the review process. SD Programs are to be reviewed regularly to ensure:

• Achievement of the best practicable level of recovery
• Health and safety of the employee undergoing the RTW process
• Ongoing involvement of all relevant parties
•  Appropriateness of the duties, in relation to the employee’s injury and recovery
• Achievement of the SD Program Goal

15.0   WORKERS COMPENSATION ENTITLEMENTS

15.1   Claim Determination

Once a workers compensation claim has been lodged, it will be registered with a claim number. After this WorkCover will determine the liability of a claim, i.e. accept or reject application.  The length of time until a determination is made depends on the complexity of the claim, the availability of the treating doctor to provide WorkCover with clarifying information if required, and whether the company agrees that the injury was attributed to the workplace. WorkCover contacts the workplace, the employee and the treating doctor prior to the decision 

on each claim. The company will pay sick or other accrued leave to an employee who has required time off work to recover from their injury/illness, while the claim is being determined. The employee may be required to pay for medical appointments, treatment, equipment, medication while the claim is being determined.

15.2   Claim Acceptance

Upon acceptance of a claim, the leave will be reimbursed to the employee, and the employee can seek reimbursement for medical treatment, equipment, medication by providing their receipts to the RRTWC, or directly with WorkCover on 1300 362 128 or via the Worker Assist app. The employee can track their claim on-the-go, anytime, anywhere via this app. Employees register for the app via the WorkCover website: https://www.worksafe.qld.gov.au/online-services/workerassistapp Where the employee requires time off work, The company will pay the employee their workers compensation payments directly and seek reimbursement from WorkCover Queensland. The employee’s weekly compensation amount is determined by WorkCover, using the employee’s earnings in the 12 months prior to the injury/illness. This weekly rate is called the NWE. Refer to WorkCover document Information for Employer, which explains how the NWE is calculated. For employees participating in a suitable duties program on reduced hours, the company will pay the full NWE amount and lodge hours worked with WorkCover, to lodge reimbursement of the hours not able to be worked by the employee as a result of the injury. WorkCover supplementary payments received for time off work (full or partial lost time) do not accrue leave, nor is superannuation contributions applied to them.

15.3   Claim Denial

If the claim is not accepted however, then worker’s compensation is not available to the employee, and they are required to continue to take personal or other accrued leave until they are able to return to the workplace. They are also required to pay for their medical treatments, etc. Refer to Section 11.0 on managing return of employee to work with a non-work-related injury/illness.