Recent amendments to the Workers Compensation and Rehabilitation Act in Queensland have introduced significant updates regarding employers’ obligations to provide suitable duties for injured workers. These changes are designed to enhance the recovery process, improve rehabilitation and return-to-work (RRTW) outcomes, and address the increasing incidence of psychological injury claims.
Key Changes for Employers
- Timely Wage Information:
- Employers are now required to provide timely wage information so that an injured worker’s weekly compensation entitlement can be calculated accurately. WorkCover Queensland will issue a notice requesting this information, which must be submitted within five business days. Penalties may be imposed for non-compliance, unless a reasonable excuse is provided.
- Restrictions on Employer Conduct:
- Employers must not interfere with an injured worker’s rights regarding their choice of treating medical practitioner.
- Employers cannot be present during an injured worker’s medical treatment without the worker’s genuine consent.
- Employers cannot prohibit workers from seeking legal advice or assistance from their union.
- Influencing Compensation Claims:
- Employers are prohibited from offering benefits (financial or otherwise) or threatening detriment to workers in an attempt to discourage them from applying for compensation.
Emphasis on Suitable Duties
Developing a collaborative rehabilitation and return-to-work (RRTW) plan with the injured worker is one of the most effective ways to support their recovery. Existing workers’ compensation laws mandate that insurers create and maintain an RRTW plan for injured workers. Now, insurers are required to ensure that a written RRTW plan is established within 10 business days of a claim being accepted.
- Collaboration Requirement: The RRTW plan must be prepared in consultation with the injured worker, their employer, and their treating doctors and health practitioners, to the extent that it is reasonably practicable.
- Written Evidence Requirement: Employers must provide written evidence to the insurer if it is not practicable to offer suitable duties to the injured worker. New penalties, up to $16,130, may apply for failing to comply with this obligation.
- Insurer Responsibilities: Insurers must review the written evidence provided by the employer. If they are not satisfied with the justification for the lack of suitable duties, they must give the employer an opportunity to respond and submit further evidence.
For more detailed information about these legislative changes, please visit the WorkCover Queensland website: Workers’ Compensation and Rehabilitation and Other Legislation Amendment Act 2024 | WorkSafe.qld.gov.au
If you need assistance in navigating these changes and fulfilling your obligations under Queensland legislation, please reach out to our experienced Workers Compensation team.
Ware here to help you ensure compliance and support your injured workers effectively.
