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1. As an employer, am I required to keep the injured worker’s job open? |
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Under the Act, you must keep an injured worker’s position available during the worker’s incapacity, where reasonably practicable, for 12 months from the day the worker is entitled to receive weekly payments. If the injured worker attains partial or total capacity to work during this time, you must provide their original position, where reasonably practicable, or another of equal status and pay for which they are qualified and capable of performing. During the 12 month period, if you intend to dismiss the injured worker, 28 days notice of that intention must be given to the worker and to WorkCover WA. This is to be done on a prescribed form available from WorkCover WA or from your insurer. |
| 2. What is expected of injured workers in injury management? |
Injured workers are expected to participate in injury management in accordance with the Code, which includes:
- collaborating in establishing a return to work program; and
- participating in a cooperative manner in a return to work program, including attending appointments as required.
An injured worker should discuss with their treating medical practitioner and the employer what duties they feel they can realistically do, given their injury. It is reasonable to expect an injured worker to allow their employer to speak with their treating medical practitioner, either in person or by telephone, to discuss return to work options. An employer can ask an injured worker for written consent to achieve this. This may be incorporated into an injury management system, and is also provided for on the First Medical Certificate and the claim form. |
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3. What is expected of treating medical practitioners in injury management? |
It is reasonable to expect the treating medical practitioner to provide:
- a diagnosis and prognosis to the injured worker and to you; and
- a medical certificate advising you, where appropriate, to prepare a return to work program or that the worker has a total or partial capacity to return to work; and
- advice on work restrictions that may apply to the worker.
The treating medical practitioner should participate as a key party in injury management to ensure the return to work program has proper medical supervision. It may include a site visit to the workplace. |
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