Recovery and return to work

A RTW Plan is a legally binding plan established for a staff member who is receiving workers compensation and who may be away from work for longer than 4 weeks. The RTW Plan will identify goals, duties, hours and constraints and will comply with any restrictions outlined in the Work Capacity Certificates. In developing RTW Plans the following will be considered:

• the special needs of individual staff members e.g. staff whose first language is not English;
• modification of any factors that may have contributed to the injury; 
• ways to minimize the workload impact on other staff; 
• the range of activities the injured staff member is capable of performing; 
• the abilities and expertise of the injured staff member; and
• the availability of suitable tasks. 

The RTW Coordinator will coordinate return to work and plans which are established, and will regularly review and update your RTW Plan until the injury and/or workers compensation claim is resolved.

University duty to find work

The University has a duty to provide employment for which you are fit and so far as is reasonably practicable, which is the same as or equivalent to your preinjury employment. The University has no duty to provide work to a staff member with a workrelated injury/illness

• if it is not reasonably practicable to do so; or
• if new or other employment options have been agreed between you and the University.

You are entitled to expect

• early intervention by the University in providing recovery and return to work services;
• that the University will actively manage your injury or illness and claim and will provide services consistent with the requirements of the Return to Work Act; and
• that the University will participate and cooperate in assisting your recovery and return to work and reasonably support you in receiving any benefit available under the Return to Work Act (for staff based in South Australia) or the relevant interstate legislation for staff based at interstate University sites. 

You may reasonably request the University to review the provision of recovery and return to work services where it appears that the University is not complying with the legislative requirements regarding your retention, employment or re-employment.

You are entitled to be supported by another person (eg a family member, friend, union representative etc) and to be represented by a union, advocate or lawyer at any meeting regarding your recovery/return to work or workers compensation.

You must

• notify the University of the injury/ illness within 24 hours of its occurrence but if that is not possible, as soon as practicable after its occurrence; 
• participate in all activities designed to enable you to recover and return to work as soon as is reasonably practicable; 
• participate and cooperate in the establishment of a recovery/return to work plan; 
• comply with their obligations under a recovery/return to work plan; 
• ensure that the University is provided with a current Work Capacity Certificate, in the designated form provided by recognised health practitioners, with respect to any incapacity for work for which weekly payments are being made to you so as to provide evidence to support the continuation of those payments; 
• return to suitable employment when reasonably able to do so; and 
• take reasonable steps to mitigate any possible loss on account of the workrelated injury/illness.
  
  

If your workers compensation claim has been accepted and you have returned to work you may still require ongoing treatment. You must negotiate times with your supervisor/manager, with appointments preferably around the usual start/finish time so they can be kept on the way to or from work.

There is no legal entitlement for staff to take time off work for medical appointments but it may be reasonable that some of the time involved be work time. If you have returned to work on reduced hours, it would be reasonable for appointments to be outside the reduced working hours. However, supervisors/ managers will understand that you may not always have control of when appointments occur (eg for medical specialists).

The primary aim of the University is to prevent injury or illness through the provision of a safe and healthy work environment. However, in the event of a work-related injury or illness, the University will

• view a staff member’s recovery and return to work as the primary goal if a staff member is injured while at work; 
• ensure that early and timely intervention occurs to improve recovery and return to work outcomes including after retraining (if required); 
• with the active assistance and participation of the staff member, ensure that recovery and return to work processes focus on maintaining the relationship between the staff member and the University; 
• ensure that it fulfils its recovery and return to work obligations because early and effective workplace-based coordination of a timely and safe return to work benefits an injured staff member’s recovery; 
• treat a staff member fairly and with integrity, respect and courtesy, and comply with stated timeframes; 
• be clear about how it can assist a staff member to resolve any issues by providing accurate and complete information that is consistent and easy to understand (including options
  about any claim, entitlements, obligations and responsibilities); 
• assist a staff member in making a claim and, if necessary, provide the staff member with information about where he or she can access advice, advocacy services and support; 
• take all reasonable steps to provide services and information in a staff member’s preferred language and format, including through the use of interpreters if required, and to demonstrate respect and sensitivity to a person's cultural beliefs and values; 
• respect and maintain confidentiality and privacy in accordance with any legislative requirements; 
• provide avenues for feedback or for making complaints, and to be clear about what can be expected as a response; 
• recognise a right of a staff member to be supported by another person and to be represented by a union, advocate or lawyer.