VIC Branch - Return To Work presentation

1. Return to Work
Inspectorate
Victoria Branch, Lunch Seminar
Returning injured workers from
a mental injury claim
21st March 2018

2. The Return to Work Inspectorate’s mission is
to use education and enforcement of the
Victorian Workers’ Compensation legislation to
achieve greater return to work outcomes.

3. Page 3
Contents
• The impacts of a MI Claims
• Inspectorate Background
• Employer Obligations
• Resources

4. No wonder we are confused !!
Page 4
Everyone is different. Everyone has
an opinion and you cant just find one
single answer.
It could be all to hard to deal with as
an employer or representative

5. The Impacts of Workplace Bullying
HIGH STAFF TURNOVER
THOUGHTS OF SUICIDE
DEPRESSION AND ANXIETY
LOW MORALE AND MOTIVATION
LOST PRODUCTIVITY
IMPACTS
OF WORKPLACE
BULLYING
INCREASED ABSENTEEISM

6. The Case for Action
- Return to work is much more difficult to achieve for
mental injury claims
RTW at 6 months is
improving for physical
injuries but
deteriorating for
mental injuries
RTW significantly
more difficult at small
and medium sized
business
Claims which have not RTW
6 months after claim receipt
Mental injury claims
All claims

7. Work is good for your health & wellbeing
• Strong evidence that work is generally good for physical
and mental health & wellbeing
> Worklessness is associated with poorer physical & mental health
> Work can be therapeutic and reverse the adverse health effects
of unemployment
Not being at work is bad for your health & wellbeing
• Increased rates of Cardiovascular disease, Respiratory
disease, Mental health disorders, Suicide, Somatic
complaints, Family impact
Waddell & Burton 2008
Is work good for your Health and Wellbeing?
Page 7

8. Educate
• Provide employers advice & guidance on how to
comply, through visits & non-visit interventions
• Guidance material & Compliance Codes
Inform
• Issue improvement notices for non-compliance with
employer obligations.
• Notices must provide employers ways to remedy the
non-compliance.
Enforce
• Referral for investigation with a view to prosecution
Approach
Focus on early RTW outcomes that are safe, suitable and sustainable
Page 8

9. When we get involved
Project
• RTW Index
• Large Employers
Deteriorating Trends / Hotspots
• Workers that have not RTW
• RTW Index Week Count
Compliance Gaps1
2
Response
• Workers, family members, unions etc
Complaints
• Other Claims Division initiatives
• Other areas of WorkSafe
Referrals
3
4
Page 9

10. Return to Work on a mental injury
claim
Page 10

11. > Suitable or Pre-Injury Employment
> 52 week obligation
> Commences from the date the employer first receives either:
- the worker’s WorkCover medical certificate; or
- WorkCover claim for compensation
> Aggregate period of time
> RTW Planning also needs to start from this date
Provide Employment
Section 103
Page 11

12. • Return to Work Planning
 Obtain relevant medical information
 Consider workplaces supports
 Assess & Propose options of suitable employment
 Engage in Consultation
• Providing Employment
• RTW Co-coordinator
Page 12
RTW Planning
Section 104

13.  Monitor the progress of the injured worker
- Ongoing review of workers capacity
- Ongoing review of the workers return to work
Can be done through:
- regular meetings
- regular conversations
- Reviewing / updating return to work documents
RTW Planning
Section 104
Page 13

14. If you are advised of a mental injury
Don’t
Send them home
Wait for worker to call you
Ignore barriers raised
Think about RTW options
only when worker provides a
capacity for work
Do
Be supportive
Maintain contact with worker
and set expectations for
ongoing contact
Discuss return to work and
identify barriers
Assess and propose return
to work options and supports

15. What Return to Work Inspectors look
for with a mental injury claim…
A Return to Work Inspector will look for evidence of the following:
 Consultation has been maintained with the injured worker (unless medical
advice restricts) eg. Emails / letters / notes of phone calls.
 Consideration has been given to workplace supports or modifications to assist
the worker’s return to work
 Options of duties / supports available have been discussed with the worker
 Communication has been attempted with the worker’s treater about the options
and supports available for the worker’s return to work eg. Email / Fax / Phone

16. Resources
• If in doubt - talk with your Agent / Case Manager
• “What to do if a worker is injured” booklet
• Return to Work Arrangements template
• Step-by-step guide to identifying suitable employment template
• Compliance Codes
• WorkSafe Advisory Service – 1800 136 089
• www.worksafe.vic.gov.au
Page 16