If you missed our Return-to-Work webinar last week, here are some key points on how HSRs can assist when a DWG member is injured and how to play a part in the Return-to-Work (RTW) process.
When any of your DWG members are injured at work, remember the following –
- All injuries or conditions must be reported using your workplace incident reporting system
- Always submit a workers’ compensation claim if you are injured at work and will require medical treatment or time off work
- Never let your employer tell you not to lodge a WorkCover claim – this is illegal
- Always visit your own doctor for assessment and treatment rather than the doctor your employer pushes.
- Never allow your employer to attend your medical appointments
- Never allow your employer to force your doctor to change your Certificate of Capacity
- Do attend the Independent Medical Examiner (IME) if required to do so by your employer’s WorkCover insurer
- Always contact your union for advice
HSRs have powers and rights that can also be used to help DWG members through the process of RTW.
- If your DWG member consents, you can be present at any meetings between that person and your employer or a WorkSafe Inspector. This includes RTW meetings. You are able to take notes in these meetings.
- Contrary to what your employer may tell you, you are able to represent your DWG member in these meetings, not just attend as a support person. If your employer says that you cannot speak in these meetings, it is recommended that you ask them for that instruction in writing and a short break so you can seek further advice from your union.
- If your DWG member consents, you may familiarise yourself with the restrictions (if any) in their Certificate of Capacity (CoC) and in their RTW plan. Check that your employer has not put anything in the RTW plan that contradicts the CoC.
- You may use your power to inspect any area where a member of your DWG works and the work that they are doing to ensure that they are not being assigned to restricted work activities or otherwise encouraged or coerced to breach their RTW plan.
- You may not be an expert in workers’ compensation but you are an expert in the jobs and tasks in your workplace! Are there any other duties or responsibilities that are able to be done by the DWG member that are consistent with their restrictions?
Read more: Help a member with Workers' Compensation - OHS Reps