A Guide For Workplace Injury and Recovery At Work Program
CONTENTS
- Introduction
- Leadership and Commitment
- Workplace arrangements
- Return to work Coordinator contact
- Rights and Obligations
- Injured staff member / Employer
- Manager / Supervisor
- Return to work Coordinator
- Insurer
- Treating doctor and other medical provider
- After an Incident
- Provision of First Aid
- Registering Injury and reporting
- Notifiable Incident
- Support for the Workers
- Positive Communication
- Obtaining informed consent
- Weekly Payments
- Recovery at work
- Provision of Suitable duties
- Recovery at work plan
- Termination of employment within NSW law
- Dispute Prevention and Resolution
- Administrations
- Appendix
01. Introduction
The Safety and welfare of our people is a core Makibe Australia value. We strive hard to provide a
safe workplace to ensure that our employees, contractors, visitors, and the community we
operate in are free from work-related injury and illness.
Makibe Australia understands that despite this, injury and illness can occur. As such, this RTW
Program has been developed in consultation with all employees to provide information on what
to expect following an injury or illness at work. We are committed to your recovery and work
closely with our Host Clients who support our goals and commitment to this RTW Program. The
Program forms part of your induction and you will be required to confirm you have read and
understood the inclusions. Each of our Host clients maintain a copy and Makibe Supervisors and
Managers provide education and training on the RTW Program through regular Toolbox Talks at
each site, Any updates to the Program will be delivered through refresher training and
opportunities will be provided for discussion and/ or questions to be raised. A summary of the
program including Makibe’s insurer details can be found together with Incident Reports located
at each worksite we engage in labour hire arrangements.
02. Leadership and Commitment
Makibe recognises its obligations under the Work Health and Safety Act 2011 and is committed
to preventing workplace injury and providing a safe, healthy and secure working environment.
Makibe takes all reasonably practicable measures to protect the health, safety and welfare of its
employees. We follow a systematic approach for the identification, assessment, elimination or
control of hazards following any injury. We undertake a thorough investigation to identify cause
and contributing factors. This information is then used to guide action to prevent recurrence in
such by reviewing WHS and operational policies and procedures, identifying training needs for all
our employees. This policy details how all incidents must be reported via the Incident report form
which we use in part to achieve our above commitment towards your Health & Safety and
extends to the promoting and assisting of employees to recover from injuries sustained in the
Workplace. All employees are required to ensure that their actions do not adversely affect their
health and safety or the health and safety of others in the workplace.
03. Workplace Arrangement
Makibe Australia believes in directly supporting its employees in their recovery at work. We have
appointed a Return to Work (RTW) Coordinator to assist in managing the rehabilitation process of
an injured employee. Details of the RTW Coordinator are:
Details of the RTW Coordinator are:
Return to Work Coordinator
NAME: Michael Minehan
POSITION: General Manager
LOCATION: level 8, Suite 2 171/179 Queen Street Campbelltown NSW 2560
PHONE: (02) 4631 6700
EMAIL: michael@makibeaustralia.com.au
The RTW Coordinator has the authority to represent and make decisions for Makibe in relation to
the following:
- Preparing, monitoring, and reviewing a Recover at Work Plan for the rehabilitation of the
injured employee in consultation with key parties. - Referring injured employees to external rehabilitation providers (when appropriate)
- Helping to redeploy employees both internally and externally into suitable employment
(where appropriate) - Contributing to the improvement of relevant policies and systems
- Educating the workforce and promoting the health benefits of recovery at work.
The RTW Coordinator does not make decisions on claims liability or funding for treatment.
Makibe also uses the services of a Workers Compensation specialist Advisor- Emjay Insurance
Brokers. Their role is to support Makibe Australia with the management of its Workers
Compensation polices and claims.
Workplace Rehabilitation provider (WRP) may also be engaged throughout the recovery process
of an injured employee. The following WRP is preferred to work with Makibe Australia ’s
employees as they are familiar with the workplace and specific task carried out within the
business.
Workplace Rehabilitation Provider
NAME: Pinnacle Rehab
Workplace Rehabilitation Provider
PHONE: 1300 591 438
EMAIL: referral@pinnaclerehab.com.au
The preferred WRP may be engaged during an injured employee’s rehabilitation to:
- Assess the injured worker’s capacity for work and the activities able to be performed.
- Assess available suitable work options.
- Advise on equipment that can assist the employee to perform duties, recommend
training to assist a worker to perform new or alternate duties. - Work with the injured employee, employer and the Nominated treating Doctor (NTD) to
design the Return to Work (RTW) plan. - Advise about work options if the injured employee is unable to return to pre-injury duties
which may include facilitated workplace discussions (like mediation); arrange a work trial
with an alternate employer.
If Makibe’ s workers compensation claims provider has approved the involvement of external
workplace rehabilitation, employees retain the right to nominate their own provider.
The RTW Program will be reviewed every 2 years and Makibe will consult all employees on any
updates or amendments. Training, education, and employee feedback on this RTW Program will
be actioned by the following:
- Your Induction Program
- WHS Committee Meetings held at Host sites
- Regular Toolbox Talks
- Site Noticeboards are located at each of our Host clients
- Makibe will send regular email/ text messages on WHS/RTW
We encourage your feedback at any stage of this process.
04. Rights and Obligations
Makibe’s RTW Coordinator will forward a copy of this RTW Program once we have been notified
that a work-related injury or illness has occurred.
The rights and responsibilities for stakeholders regarding their participation in the RTW program
are outlined below and we welcome any questions or clarification regarding these.
Injured Employee
- Take reasonable care for their own safety and the safety of others in the workplace.
- Comply with Makibe Australia and clients’ policies, safe operating procedures and work
instructions so as to prevent workplace injuries to themselves and others. - Seek First Aid following a work-related injury or illness.
Being actively involved in the RTW program, which includes:
i. Specifying one nominated doctor or medical practice that is prepared to participate in
the development and implementation of a RTW plan.
ii. Giving consent to Makibe to obtain information from the treating medical
professionals for the purposes of a RTW Plan
iii. Making all reasonable efforts to return to work as soon as possible.
v. Maintaining regular contact with your direct manager and RTW Coordinator to keep
them informed of the condition, treatment and recovery.
vi. Participating in medical case conferences with the Treating doctors, RTW Coordinator,
Claims and Rehab providors.
vii. Obtaining regular certificate of capacity at intervals not greater than 28 days
viii. Complying with medical restrictions resulting from the work injury as obtained from
the treating doctor.
- Where medical treatment is required, injured employees have the right to choose their
own treating provider. - Where the services of an external Workplace Rehabilitation Provider (WRP) are deemed
necessary, the employees have the right to participate with the selection of the provider. - To make a claim in Workers’ Compensation following a work-related injury.
- To expect medical and personal information to be kept confidential.
- To receive medical support and respect from the staff involved in the management of
their workplace injury. - To be provided with suitable duties that accommodates medical restrictions issued on
the certificate of capacity during injury recovery, where practicable
Manager / Supervisor at Client Site
- Ensure that the injured employee receives first aid or is referred for medical treatment as
appropriate to the nature and severity of the injury. - Investigate the incident, seeking to identify root cause and take steps to prevent
reoccurrence. - Immediately notify the Makibe RTW Coordinator if an injured employee presents a
medical certificate. - Participate in the development, implementation, and review of an injured employee’s
Return to work Plan. - Take all reasonable steps to provide suitable duties.
- Ensure confidentiality is maintained.
Return to work Coordinator/ Emjay Insurance Brokers
- Report all injuries to Icare within 48 hours of becoming aware of any workplace incident.
- Educate injured workers and Clients about the injury management process, RTW program
and what to expect when an injury occurs. - Coordinate the development of the Return to Work (RTW) Plans
- Liaise with all internal and external stakeholders as required.
- Provide status updates to the Client supervisors and/or managers.
- Establish a confidential file for each injured employee including all relevant documents,
correspondence, and accounts. - Forward appropriate documentation upon receipt to key stakeholders to ensure effective
management of claim.
Performing all claim management functions such as:
- Approving medical treatment and the payment of weekly benefits
- Managing the payment of reasonably necessary medical treatment
- Reimbursing Makibe Australia for the payment of weekly benefits
- Developing a meaningful Injury Management Plan (IMP) for all injured employees
through consultation with the employee, Makibe and the doctor. - Ensuring that all stakeholders understand and comply with their obligations under
the IMP - Finalizing a claim
- Informing the injured employee of their procedural and legislative obligation.
Within three working days of being notified that an employee has sustained an injury,
contacting the injured employee, RTW Coordinator and treating doctor.
Within seven days of being notified of an injury, approve provisional payments of weekly
benefits and medical expenses, or advise the injured employee reasons they will not
make a payment.
Ensuring that injured employees and treating doctors are made aware of their obligations
in relation to applicable legislation and the insurer’s injury management program.
Informing Makibe Australia of all liability and approval decisions
Treating doctor
- Assess, diagnose, treat and certify the injured employee.
- Completing certificates of capacity at intervals not greater than 28 days
- Be available for medical case conferences with the injured employee, scheme agent and
Makibe or their representative to discuss the injured employee’s recovery and RTW and
injury Management Plans - Support the injured employee to return to, and where possible, recovery at work through
appropriate clinical intervention and management. - To contribute to return to work and recovery at work planning in collaboration with the
injured employee and Makibe. - Communicate will
05. After an Incident
Makibe reviews/confirms (by way of the WHS Checklist) that all our clients have certified
First Aid Officers as required by Safework Australia Regulations. The Officer will determine
if medical treatment is required and arrange for the injured employee to be transported
to the appropriate medical facility. When authorized, a Makibe representative may attend
the medical review with the injured employee.
Details of First Aider’s is available on the safety notice board at each of our Host Clients
and individual First Aid safety measures are included.
Makibe Head Office does not require an accredited Officer. A First Aid kit is available for
any employee visiting or working at Head Office. We utilize the IFamily Medical Centre
located at 171-179 Queen Street Campbelltown.
Registering Injury and reporting
Employees should report all work-related injuries (no matter how minor) to their Host
Employer supervisor/manager in line with Makibe Australia’s Incident reporting
procedure.
An incident/Injury report form is completed, and this must be emailed to the Makibe
Return to Work (RTW) Coordinator within 24 hrs.
RTW Coordinator and /or Emjay Insurance Brokers will notify the insurer no later than
24hrs following receipt of Incident Notification.
Makibe maintains a register of all workplace incidents in Head office.
Notifiable Incident
What is a notifiable incident?
A notifiable incident is a
– Death
– Serious injury or illness
– Dangerous incident
‘Notifiable incident’ may relate to any person – whether an employee, contractor or
member of the public. For full definition, please refer to Part 3, Section 35 to 39 of the
Work, Health and Safety Act, 2011.
In case where a client contacts Makibe that a Notifiable incident has occurred, the RTW
Coordinator will contact SafeWork on 13 10 50 immediately after becoming aware
of a notifiable incident occurring.
06. Support for the Workers
Positive Communication
Safe and timely recovery at work is a team effort involving open and regular
communication. Makibe RTW Coordinator commits to:
- contacting employees within 24 hours who have notified that a Workplace
incident or illness has occurred. - contact with the injured employees to discuss progress and RTW goals.
- Makibe (or Emjay Insurance Brokers) will discuss ongoing progress with the
Makibe claims service providor / insurer to support an employee in their
rehabilitation. - may also need to be able to communicate with your Nominated Treating Doctor
(NTD) to understand your medical restrictions to formulate a RTW plan. - Provide guidance and input on the Injury Management Plan developed by the
Insurer which outlines obligations for Makibe and their employees.
Obtaining Informed Consent
An informed consent will be required to gather and exchange information about the injury
and recovery at work to support the injured employee through their rehabilitation.
Makibe and or its Broker commits to:
- Only gather health information that is relevant and necessary to manage their
employee’s recovery at work and coordinate the workers compensation claim. - Only use and disclose information for the purpose for which it was collected.
- Keep any information collected separate from personnel records.
- Take reasonable steps to protect any information by ensuring it is stored securely,
kept no longer than necessary, and disposed of appropriately. - Allow the injured employee access to the information without unreasonable delay,
unless providing access would be unlawful or pose a serious threat to another
person’s life or health.
Injured employees can provide their consent via the Workers Compensation Certificate of
Capacity issued by their Nominated Treating Doctor (NTD) or via the consent form
available from the RTW Coordinator. The RTW Coordinator will manage the exchange of
information between necessary parties. Please note this will include Emjay Insurance
Brokers
Weekly Payments
If an injured employee is unable to work their normal hours because of workplace injury
or illness, they are entitled to claim for workers compensation weekly payments.
If an injured employee chooses to claim for weekly payments, after liability for weekly
payments on a claim is accepted by the insurer, weekly benefits will be paid through the
payroll system on the normal agreed payday and by the usual deposit method.
The Claim Service Providor calculates the applicable Pre- injury Average Weekly Earnings
(PIAWE), Makibe payroll officer will access the injured employee’s payment history (at
most 52 weeks prior to date of incident) and provide this information. An interim rate may
be used until the final PIAWE is advised. Makibe will pay this amount and make any
necessary adjustment after discussion with you by the RTW Coordinator.
An injured employee is entitled to utilize their personal leave (if permanent/ fulltime)
whilst the insurer is making a liability determination. This will be reversed if the liability is
accepted. You are also entitled to be reimbursed for any expenses incurred and approved
by the Claim Service Provider that you have paid for.
07. Recovery at Work
The RTW Coordinator will work closely with our Host Clients to identify and provide suitable duties
that align to everyone’s obligations and commitment. When an employee is unable to
immediately return to their Host pre-injury duties, suitable duties will be considered at an
alternative Makibe client location. We are also able to provide limited suitable duties at Head
Office based on individual circumstances. These are explored below.
Makibe Australia defines suitable duties as employment in work for which the worker is suited,
having regard to the following:
– The nature of the injured employees’ incapacity and pre-injury employment
– The injured employees age, education, skill, and work experience
– The injured employees place of residence
– The details given in the certificate of capacity supplied by the injured employee
– Any suitable employment for which the injured employee has received rehabilitation
training
– Any other relevant circumstance.
– Duties that are agreed between the Host employer or an alternative Makibe client
and the injured employee to assist in the safe and durable return to work.
– Are offered for the duration of the recovery process and are not considered
permanent duties.
– A series of programmed work tasks which must comply with the current medical
restriction and be agreed and communicated. The agreement is evidenced by the
signed Recovery at / Return to work Plan.
Suitable duties are identified at a workplace with the involvement of Makibe RTW Coordinator,
Host Client and Rehab Providor. A RTW Plan will then be developed that will clearly outline the
recovery at work goal, the injured employee’s diagnosis, capacity for work and restrictions,
treatment and/or rehabilitation arrangements. This plan will need to be agreed to by all parties.
A template of Makibe’s RTW Plan can be found in the Appendix.
– Change in hours of work.
– Change in restrictions / suitable duties
– Change in the return-to-work goal
worker can refer to Section 8 of this program for options available for resolving the dispute.
Termination of Employment within NSW Law.
skills and capacity, this would be consultative and based on available medical information.
Termination is an option that Makibe may consider after it is determined that the employee will
be unable to resume their preinjury role.
provided with assistance to find suitable employment with an alternate employer. This is
managed by the Claim Service Providor.
after an injured employee becomes unfit due to a work-related injury. We have additional legal
responsibilities regarding the employment of injured employees which are detailed in the
Workers compensation Act 1987 section 241-248.
08. Dispute Prevention and Resolution
Makibe strives to prevent disputes arising through positive and open communication. The
Makibe RTW Coordinator maintains regular contact to all employees participating on a RTW Plan.
We believe the following strategies provide a clear path in the event of an issue arising over the
management of a workers compensation injury.
1. The injured employee will advise the RTW Coordinator of the issue. The RTW Coordinator
commits to assisting with issues or concerns you may have with any key stakeholder
involved with the Recovery at Work process. This could include mediation with the
employee and the claim service providor, the Nominated Treating Doctor, other medical
professionals treating the injured employee, a workplace rehabilitation provider if already
involved and Supervisor/ Managers. If the issue cannot be resolved via discussion with
the relevant parties, it will be escalated to level 2.
2. An approved rehabilitation provider may be engaged (if not already) or a referral to an
Injury Management Consultant. The nature of the dispute will be assessed, and they will
attempt to mediate a solution through discussions with the Nominated Treating Doctor.
The insurer is responsible for guidance throughout this level.
3. Employees with an unresolved workers compensation enquiry, or a complaint about the
insurer need to contact IRO (Independent Review Office) 139 IRO/13 9476
4. Employees with a complaint about their employer or provider (i.e. treatment provider),
which they have been unable to resolve with the insurer in the first instance, need to
contact SIRA (State Insurance Regulatory Authority) on 13 10 50. You may also wish to
seek advice on your rights in the Personal Injury Commission.
Personal Injury Commission | Personal Injury Commission (nsw.gov.au)
09. Administration
medical information whilst at the same time ensuring the employee health support process is
transparent in terms of process and what stakeholders may expect to happen.
- Case notes
- Information consent form
- Return to / Recovery at work Plan, Suitable duties Plan
- Certificate of Capacity
- Reports from treating providers and the Workplace Rehab provider
- Relevant Correspondence
Personal medical /injury management details will only be disclosed to the relevant party to assist
the return-to-work process. This may include our Workers Compensation Advisors- Emjay
Insurance Brokers. All injury management files are kept in Makibe Head Office in a secure
cabinet and any electronically stored information is password protected.
10. Appendix
Documents included:
- 10.1 : Injury Management Process
- 10.2 : Return to work Plan
- 10.3 Consent form for release of personal information
10.1 : INJURY MANAGEMENT PROCESS
10.2 : RETURN TO WORK PLAN
10.3 CONSENT FORM FOR RELEASE OF PERSONAL INFORMATION
Please click on this link for a PDF copy of this program: Makibe RTW Program