This Guide is prepared as part of a Project funded by the Worksafe Education and Training Unit
REHABILITATION
Returning To Work After A Workplace Injury
Background
This guide is a part of the project funded by the Worksafe Education and Training Unit to provide support services for members of this union.
This is a guide to assist members in coming to terms with returning to employment after suffering a disabling injury at work. The information is not exhaustive but is meant as a guide to the various stages that lead through the process. If further information is required the member should contact the union.
Types of Occupational Rehabilitation
The rehabilitation process can take many forms depending upon your injuries and the prospect of you being able to make either a full or partial recovery. Here are some of them:
Return To Work
The first is when the injury will incapacitate you for a period and you are expected to make a full recovery. In the interim period you can perform restricted duties but are temporarily unable to perform all of your pre-injury duties until the recovery process has been completed. As your impairment caused by the injury improves you will be able to perform more of your normal duties. It is expected in this circumstance that eventually that you will return to your normal pre-injury duties when the rehabilitation process has concluded.
Permanent or Long Term Restricted or Modified Duties
In this circumstance the injuries are such that you will be able to perform some of your pre-injury duties and this situation will exist for an extended period or possibly permanently. In this circumstance your role with the employer will have to be modified to enable you to return to full employment and maintain a career path. Generally this process will require educational and training support to enable you to continue your employment without a loss of status or earning capacity.
Complete Occupational Rehabilitation
This is in the circumstance that your injuries are such that you will be unlikely to achieve any capacity to undertake sufficient duties in your previous occupation to enable you to continue your employment with the same status or earning capacity. Initially you will require occupational counseling and advice to select a new occupation. Then you will need to find an employer who is willing to employ you in this capacity. Whilst undertaking this role you may require a supportive medical, education and training package to enable you to undertake employment in a new occupation. This employment may be within your own industry with your current employer with some of the components of your previous occupation or it may be an entirely different occupation with a new employer.
The Employer’s and Employee’s Duties
Under the current Workcover legislation in Victoria both the employers and injured employees have duties regarding rehabilitation.
The Employers Duty
These duties fall into two categories:
Employers with a payroll in excess of $1 million
The employer must have established and maintained an occupational rehabilitation program at all times
And
Prepare a return to work plan for an injured worker and appoint return to work co-coordinator as soon as practicable and within 10 days of an injured worker’s claim being accepted or the employer becomes aware that the period of the worker’s incapacity is likely to exceed 20 days.
Employers with a payroll less than $1 million
If your employee has an incapacity for work the employer must establish and then maintain an occupational rehabilitation program.
And
Prepare a return to work plan for the injured worker and appoint a return to work co-coordinator, as soon as practicable and within 10 days of an
injured worker’s claim being accepted or the employer becomes aware that the period of the worker’s incapacity is likely to
exceed 20 days.
Employee’s Duty
The injured employee has a responsibility to participate in the return to work or rehabilitation process or they may prejudice their entitlements to compensation if they unreasonably refuse.
The Other Key Players
The Claims Agent
The Claims Agent is the representative of Workcover who administers all aspects of your claim on behalf of the Authority. This person may not always operate in your interest, as they are employed by the Authority to handle claims in a cost efficient manner, and you must be mindful of that in your dealings with them.
The Return to Work Co-coordinator
Is the person appointed by the employer to manage the return to work process for the company.
Occupational Rehabilitation Provider
This is an external rehabilitation consultant that may be called in by the employer or the claims agent to assist in the process. The standard
of these persons varies and any recommendations from them that cause you concern should be relayed to your union or your treating doctor
for further advice.
Your Treating Medical Practitioner
This is the doctor that you consult and is administering the treatment of your injury. Any program of rehabilitation must be endorsed by the your treating
medical practitioner. Other medical practitioners will advise any of the parties involved, but only your doctor can authorize any actions.
The Return To Work Plan
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This must be a written document which details the restrictions that apply having regard to the nature of the disabilities suffered by the injured worker.
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The range of duties that the injured worker may undertake,
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The phasing of the return to work process,
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The timing of any reviews that will take place during the currency of the plan,
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Identify a realistic role for and position for the injured worker.
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The document should also include the duties and any undertakings of the employer in this process.
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This document should be signed by the employer, the injured worker and endorsed by the treating medical practitioner.
Designing the Return to Work Plan
- It is important that the injured worker participates in the design process and physically tests all the aspects of the tasks before agreeing to them.
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There are many individual factors that the injured worker must consider before agreeing to a return to work plan, and it is best that the worker considers these prior to the plan being designed. A written list is helpful in this process.
- If the injured worker has concerns in the process they can request that they have support from their union representative or another competent person.
- The plan should generally have a phase in period, as the need to prevent aggravation of any injury is constant consideration.
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The tasks undertaken should be realistic duties and not just a series of menial tasks just to keep the injured worker at the workplace.
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Before any plan is decided the treating medical practitioner should be consulted and the injured worker be afforded the opportunity to consult with the treating medical practitioner privately before finalization.
- The plan should define what aids and changes are required within the workplace to enable the injured worker to perform the tasks.
- Ideally the plan should be staged with regular reviews to monitor progress and adjustments made where necessary.
- Transport is another consideration that should be a component of any plan.
- The worker may have been an on-site worker and the office/workshop may be in an isolated position or the injuries suffered may make it impracticable to access the workplace by either private or public transport. In this circumstance transport arrangements shall have to be part of any written agreement.
- The timing of the work period should be made having consideration to appointments for medical treatment and like needs.
- In some circumstances employers have confronted employees with a pre-determined return to work plan and asked employees to endorse it. If this occurs contact your union.
- Any plan should have a procedure for review if any problems are encountered.
- Wages and entitlements may be a factor with the role that is envisaged in the plan.
- Occupational Rehabilitation Providers can contribute to this process but the standard of these entities varies greatly and should always be monitored.
Implementing the Plan
- This is the where most plans are liable to fail through situations and factors that are not considered in the planning stage.
- The more practical and comprehensive the plan, the more likely that it will be successful.
- In some circumstances the injured workers have been intimidated into accepting a substandard plan or have not been involved in the formulation of the plan and they find that they cannot meet their requirements under the plan. It is best that the employer is advised of this situation before any damage is done. It is an appropriate time to go back to your medical practitioner and seek his support for your concerns and if this is not productive seek advice from your union.
- In a number of circumstances employers have advised workers that they no longer need disability certificates from their doctor and it would be better if they got a medical clearance. When a clearance is issued the worker is treated like any other employee and this often leads to the dismissal of the worker on the basis of a lack of work. If your disability continues ensure that the medical certificates are provided. A clearance should only be sought when the worker has fully recovered from the illness or injury.
Permanent or Long Term Restricted or Modified Duties
- The approach should be similar to the return to work plan.
- It is important to maintain the recognition of the employer that you do have a disability.
- The original plan may have to be reviewed from time to time to encompass changes in the workplace and your work capabilities.
Complete Occupational Rehabilitation
- When it becomes obvious because of your injury or illness you are unlikely to continue with your past occupation it requires that you seek a new occupation that is within your restricted work capacity.
- It is important to ask your current employer what level of support and opportunities that they will provide for you during this process. The next question to ask is what position you might fill to continue within the company.
- It is easier to transfer careers if you remain with the same employer who is sympathetic and supportive.
- It is important to display a preparedness to undertake further training to develop a career path.
A more common scenario is that the injured workers find that after 12 months the employer dismisses them and they are left high and dry without any support.
Injured workers should not discount the use of personal counseling to assist them in coming to terms with the radical change in their employment prospects.
Finding a Career Path
- In doing this it is important to seek some assistance from a careers advisor just to give you a range of possible directions to take.
- The range of options for a plumber to remain in that industry might include, supervision, design and marketing or sales of plumbing supplies.
- Tradespersons are eligible to take courses such as Certificate IV Plumbing in either services design and services supervision. Various plumbing supply companies require competent staff with an understanding of the industry to complement their staff.
- Computer literacy is generally an asset when pursuing these types of occupations.
- In a broader sense tradespersons will be accepted as students for Certificate IV in Building or Certificate IV in Building Drafting.
- Achieving a qualification in Occupational Health and Safety can open a number of opportunities both within the construction industry and all other industries.
- All of these certificates can lead to completing further studies and qualifying in Diplomas in the various disciplines.
- In a broader sense there is a complete gamut of occupations, which can lead to worthwhile careers in many industries.
- A useful resource in exploring these possibilities is the Incolink Careers Division, which produces a booklet, and CD Careers in Construction and members would be well advised to utilize these resources.
- The various technical training institutions have careers and training advisers that may assist in finding a suitable career path. The CES have similar advisory services.
- Another useful resource is the employment sections of the newspapers and also on the Internet as the number of vacancies in various occupations are guides to the demand for that category of worker.
Finding an Employer
- The first step is to market you identifying the qualifications, knowledge, skills and suitability for employment.
- Again I would recommend that the Incolink Careers Division be utilized to prepare a personal resume and advice in employment opportunities. The booklet and CD Careers in Construction, which are freely available from Incolink, give a good guide to this approach.
- Places to distribute your resume include unions, employer organisations, major employers, employment agencies, friends and acquaintances, relatives, community support agencies and charitable organisations.
- It is worthwhile asking the CES about Government Departments that have a positive discrimination policy regarding the employment of persons with a disability.
- The next stage is to directly contact prospective employers and explore the prospects of employment with them.
- If they are not able to offer employment ask their advice as to where or what you may do to find suitable employment.
- Some companies have benevolent policies regarding the employment of persons with a disability.
- Employers in many instances have been supportive of persons who have approached them unsolicited seeking employment.
- When being interviewed by the employer display a willingness to continue with your professional development.
- It is prudent to advise the prospective employer of your disabilities as it may disadvantage you if they are discovered subsequently it may prejudice their attitude to your ongoing employment.
Summary
This guide is not intended to simplify what may be a difficult and painstaking exercise for the disabled worker. Below are three examples of members who have participated successfully in the rehabilitation process. The member’s names have not been given because the information is personal.
A
A was a member who injured both knees whilst at work and was partly rehabilitated by his employer to the stage where he can now average 24hours work per week.
His role is the routine testing of fire protection installations. He is permitted to have flexibility in the times that he works as the injury gives him too much inconvenience to work a regulated spread of hours.
Because he was involved in a rehabilitation scheme when the statutory 2 years of entitlements concluded he was entitled to receive the supplementary payment from Workcover for the balance of the normal hours that he was unable to work due to his disability.
This is an example of rehabilitation with the continuing employer.
B
B was a mechanical services plumber who at the age of 23 in 1997 suffered injuries in a workplace incident that left him a paraplegic.
Due to the extent of his injuries and the adversarial nature of making a common law claim for compensation he did not receive any occupational rehabilitation support from his employer at that time.
His previous employer with whom he completed his apprenticeship made contact with him in June 2000 and he performed a period of work experience to make the adjustment back to work environment.
He commenced employment with the company as an apprentice draughtsman in 2003. He is now in the third year of his apprenticeship. He effectively works full time at the present as his employer has installed a computer at his home so he can adjust his work contribution to allow him time during normal working hours to access his extensive need for ongoing medical treatment.
He is concluding his Certificate 4 in Draughting and is also undertaking study for the Advanced Diploma in Air Conditioning, Mechanical Services and Refrigeration Design.
In 2004 he was awarded the Apprentice of Year Award with the company.
He believes that his previous industry experience and contacts are contributing factors to his return to work.
In this instance the member’s determination to rebuild his life and the foresight of a sympathetic employer are the key elements.
C.
C was employed as a roof plumber when he had to cease work after sustaining a disabling back injury in February 2002. Initially his claim was opposed and he was not in receipt of any Workcover payments for approximately 2 years. It was only accepted after a prolonged period of litigation.
He then commenced, in July 2002, a fast track process to attain his Diploma Of Industrial Science – Occupational Health and Safety, which he successfully concluded in June 2004. During this process he also acquired Certificate 1V in Occupational Health and Safety. The only work he was able to get at any stage was at Bunnings store on a casual basis.
Later, after attaining qualifications was able to secure work as an Occupational Health and Safety Consultant at a higher learning institution. He is currently employed as the OHS Trainer with an Industry Training Organisation.
This is an example of a member who was rehabilitated without the assistance of any external party.
The Industry Record
This Industry does not have a good history of the realistic rehabilitation of injured workers and the many provisions of the Workcover legislation are not applied or enforced in a fashion that produces a satisfactory outcome for the injured worker.
In some part this is because smaller employers do not have type of organizational environment that can sustain realistic rehabilitation programme. The fact that all the occupations in the industry have a manual component also makes it difficult to accommodate disabled persons.
The Key Components
Those factors that will contribute to a successful rehabilitation appear to be:
- A sympathetic employer
- A determination to attain a certain goal by the injured worker
- An training and education plan
- A distinct career path to follow.
If any member requires further information regarding occupational rehabilitation please contact the union office.
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