Who can use this policy?

This Rehabilitation Policy and Procedure can be used by all employers.

Commentary

This Rehabilitation Policy and Procedure (Policy and Procedure) applies to employees who sustain an injury or illness during the course of their employment (referred to as ‘workers’).

The Policy and Procedure is designed to assist both the employer and worker with the injury-management and return to work process following a work-related illness or injury, consistent with the worker’s capacity and medical advice. This Policy and Procedure reflects the company’s commitment to rehabilitate injured workers.

Effective management of injured workers requires early intervention and early return to work, consistent with the injury and medical advice received. Steps to managing injuries and returning injured workers to employment may include:

  • informing workers how and when to report and record workplace incidents, injuries and illnesses;
  • early notification of the injury to the insurer/agent;
  • early contact with the worker and their treating doctor and rehabilitation provider;
  • maintaining appropriate contact with the worker;
  • establishing a suitable duties and/or return to work program in line with medical advice, the insurer/agent and workplace rehabilitation provider; and
  • providing suitable employment for the injured worker, where appropriate/possible.

This Policy and Procedure outlines steps that can be taken to assist in the effective management of injured workers. However, it is general in nature and as such employers should consider and incorporate any State or Territory specific requirements under workers’ compensation legislation when implementing this Policy and Procedure.

In addition, this template primarily concerns work-related injuries and illnesses. If the employer intends the Policy and Procedure to apply to non-work-related conditions, the document should be amended accordingly. It is recommended that the employer obtain advice regarding the appropriate amendments and any applicable legal obligations.

Important note to subscribers

The commentary and the documents in Workplace are updated as necessary, to keep them relevant. You should familiarise yourself with the relevant commentary each time you create a document.

This document has been drafted to suit a wide variety of businesses and is general in nature. It is important to note that:

  • you may need to make other changes to the document so that it suits the specific needs of your business. If you make additional changes, we cannot guarantee that the changes and modifications you make to the document will be legally compliant or enforceable.
  • specific injury-management and return-to-work requirements vary between each state and territory. You should ensure that this Policy and Procedure is adapted to comply with the workers’ compensation legislation, regulator requirements and applicable guidelines in each jurisdiction in which you operate.
  • this Policy and Procedure may operate as the employer’s overarching framework for injury management, rehabilitation and return to work. However, if you are required, under the relevant State or Territory legislation or regulatory requirements, to maintain a compliant return-to-work program, that program should be prepared as a separate document. For example, in New South Wales, employers must have a return-to-work program that complies with the applicable State Insurance Regulatory Authority (SIRA) requirements, including the Guidelines for workplace return to work programs. The specific requirements vary depending on whether the employer is classified as a Category 1 or Category 2 employer. This Policy and Procedure should be reviewed and amended as necessary to operate consistently with any return-to-work program.

This commentary and any additional information provided to assist you in creating this document, does not constitute legal advice. If you are unsure about any aspect of this document (including the changes or amendments you make to it), or if you require a specific return-to-work program, you should seek appropriate legal advice. You may wish to consider contacting Australian Business Lawyers & Advisors for targeted advice on your business’s specific needs.

After creating this document, you should read through it carefully to make sure it meets your business needs and is consistent with other industrial instruments, policies, procedures, relevant WHS legislation, Standards and Codes of Practices which operate. This commentary is not designed to be provided to employees or other workers.

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