For further information, resources and guides to support schools with initial claims management , visit the Department's Return to Work Coordinator Portal staff login required. This may be done by:. The legislation prohibits an employer from engaging in discriminatory conduct relating to an employee pursuing a claim for compensation or for notifying an employer or WorkSafe of an injury.
WorkSafe and its Agents are not able to provide advice regarding these laws and requirements. However, it is recommended that principals or their delegate become familiar with these and other relevant requirements. Fair Work Australia provides useful information and advice for principals can be provided by Legal Division. The injured employee should, within 30 days of their injury:. Even if the employee does not submit their claim within the 30 day period, the employer still has a legal obligation to submit the claim within the 10 day period.
If the injured employee does not agree with their return to work program, they should first discuss the issue with their principal or delegate. Schools may also contact their region for support with workers' compensation claims and the return to work process.
Email contacts for each region are as follows:. There are multiple contacts for this topic. Refer also to the contacts heading at the bottom of the page. Return to Work and Compensation Team.
See the Getting an insurance policy section for more details on how to cover your workers and your business against a workplace injury.
This definition is broad and can be broken up into two parts: primary and extended. Family members Family members can be workers under the Act, even if they live in the family home. See definition of worker. You will be liable for the costs of a claim if a family member who is a worker suffers a compensable injury in the course of their employment with you.
Working directors Find out about obtaining cover for working directors. Go to Working Directors. However, the employer is allowed to restrict the employee from receiving wage replacement benefits through workers' compensation and short-term disability when the employee opts to take the leave instead of working, based on the doctor-directed medical restrictions. Making temporary accommodations to assist the employee in returning to work after an incident will be advantageous to the employee, making him or her feel connected to the organization and contributing to it.
As for the employer, making the accommodations can help reduce costs by decreasing the need for temporary help and overtime. It may also reduce workers' compensation rates. The ADA does not require an employer to create a position or to eliminate the essential job functions. However, the Equal Employment Opportunity Commission EEOC recognizes that employers may have to reassign or transfer an employee with a disability as a reasonable accommodation to an alternate position that meets the light duty restrictions if such a position is vacant or available, and the employee qualifies for it.
An employee's doctor may provide a fitness-for-duty document that states that the employee is not ready to return to work and may not be able to return for some time or not at all. In this case, the employer will have to look at whether the employee is eligible for additional leave under the FMLA, the ADA, state leave or leave under the company's policies and practices.
Some state workers' compensation laws have anti-retaliation provisions that may preclude an employer from terminating an employee for being absent due to a work-related injury; other states have legal precedent limiting an employer's ability to terminate a worker receiving workers' compensation benefits. Beyond these laws, there may be no obligation to continue to employ the individual; however, as with any termination, employers should seek legal guidance specific to their circumstances.
You may be trying to access this site from a secured browser on the server. Please enable scripts and reload this page. Reuse Permissions. Page Content. Step 2: Report Incidents to Appropriate Parties In accordance with the organization's policies and procedures, employees should be trained to report the incident to the company's designated representative this is usually someone in human resources, a manager, or a health and safety committee member.
This allows an employer to timely investigate the matter and take safety measures to avoid further incidents. However, employees may still file a report after the company's specified time frame. Time frames for reporting work-related injuries and illnesses vary by state law.
Usually an employee may file a claim within one or two years of the incident. If the employee does not file a report within the state's time frame, he or she may lose the right to receive workers' compensation benefits. Physician selection. Under some state laws, an employer may initially select the physician who is designated for seeing employees with work-related injuries and illnesses. The representative should inform employees of their options for seeking medical attention.
Medical expenses. Health care facilities typically ask employees if injuries or illnesses are work-related. To ensure medical bills are sent to the appropriate place for payment, the representative should give employees the employer's contact information, if self-insured, or the workers' compensation carrier before any medical visit. Although health care facilities normally provide medical documentation directly to the workers' compensation carrier, the representative should advise employees to retain any documentation received from related medical visits.
Travel reimbursement. Travel to and from medical treatment may be reimbursable in accordance with the plan or with the state's specific workers' compensation regulations.
Compensation benefits. The representative may want to discuss how wage replacement benefits work. Depending on the state compensation benefit, the employee may be entitled to 66 percent of wages up to percent of the state average weekly wage after a specified waiting period. The representative may also want to inform employees of salary continuation or the use of paid leave benefits such as sick, vacation or paid time off during waiting periods and periods of wage replacement.
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