Return to Work Program

Return to Work Program

 

1. Introduction

Show Support Pty Ltd is committed to the prevention of work-related injuries and illnesses by maintaining a safe and healthy workplace. The aim of this Return to Work Program is to support the timely and safe return to work of employees who have experienced a work-related injury or illness, utilising the workplace as an integral component of the rehabilitation process. This program promotes a workplace culture that values the recovery of employees while prioritising safety. This Program is consistent with the requirements of State Insurance Regulatory Authority (SIRA) Guidelines for Workplace Return to Work Programs.

 

2. Leadership and Commitment

Show Support Pty Ltd is committed to:

  • Providing education to employees about the Return to Work Program
  • Educating workers, managers and supervisors about the health benefits of returning to work during recovery
  • Cultivating an environment that encourages recovery at work by fostering positive attitudes toward employees who are recuperating while working
  • Ensuring the prompt return of injured workers to the workplace, in accordance with medical recommendations
  • Initiating the workplace rehabilitation process promptly for injured employees who are capable of performing some form of work
  • Offering timely access to rehabilitation services for employees in need, including access to rehabilitation providers
  • Safeguarding the confidentiality of rehabilitation records in compliance with privacy regulations
  • Accommodating requests for permanently modified duties or employment for injured employees, striving to provide suitable employment that is, to the extent practically possible, comparable to their pre-injury role

Show Support Pty Ltd recognises its obligations as stated in the Work Health and Safety Act 2011 (NSW) (WHS Act, 2011) and Work Health and Safety Regulation 2011 (WHS Regulation, 2011). We are committed to preventing workplace injuries and illnesses, and to maintaining a safe, healthy and secure environment for work and learning. We are dedicated to implementing all required measures to ensure the health, safety and welfare of our employees, contractors, clients and visitors.

Examples of measures used to prevent injury at Show Support Pty Ltd include:

  • Conducting regular safety committee meetings with selected staff to discuss  potential risks / hazards and implement corrective actions.
  • Training sessions, such as the Pre-Start Acceptance form and Tool Box Talks.
  • Venue Inspection, Safety Issue and Incident report forms.
  • Investigating all incident reports submitted to identify underlying causes and to implement necessary corrective and preventive actions.

At Show Support Pty Ltd, we prioritise the well-being and recovery of our injured employees as a cornerstone of our commitment to workplace health and safety. We aim to create an environment that supports our employee’s rehabilitation journey by offering resources like flexible work arrangements, ergonomic adjustments and tailored rehabilitation programs.  Studies have proven that recovery at work helps employees stay active and recover faster than those who distance themselves from the workplace environment. By prioritising recovery at work, we ensure a smooth return to full productivity while keeping their overall health and safety our main focus.

Show Support Pty Ltd strives to cultivate a workplace atmosphere that prioritises safety and support that is free of the stigma that is associated with worker’s compensation. We aim to establish an environment where return to work encourages effective responses to work-related injury or illness from employees, supervisors and managers. This environment fosters prompt and appropriate assistance from Show Support Pty Ltd, empowering workers to take an active role in their recovery and return-to-work journey.

 

3. Workplace Arrangements

Show Support has engaged a preferred rehabilitation provider. This partnership ensures the delivery of personalised, person-centred Return to Work services, incorporating a comprehensive biopsychosocial approach to rehabilitation.

Return To Work Coordinator: Martin Carbine

Ph: 0295 562 011

Experience: Has been handling Return to work programs and compensation claims for over 4 years.

The RTWC has the authority to represent and make decisions for Show Support Pty Ltd in relation to:

  • Preparing, monitoring and reviewing a Recover at Work Plan for the rehabilitation of injured workers in consultation with key parties 
  • Referring workers to external rehabilitation providers (where appropriate)
  • Helping to redeploy workers both internally and externally into suitable employment (where appropriate)
  • Contributing to the improvement of relevant policies and systems
  • Educating the workforce and promoting the health benefits of recovery at work. 

The RTWC does not make decisions on claims liability or funding for treatment. This is the responsibility of the Workers Compensation Claims Officer and/or is managed according to SIRA funded rehabilitation programs.

Show Support Pty Ltd supports the work of the RTWC by providing the following resources: 

  • Incident Report Form 
  • Company Policies and Procedures
  • Show Support Pty Ltd Human Resources

 

Show Support has ‘Born Fit’ as their preferred rehabilitation provider that may be called on by the RTWC to assist in the recovery at work planning of a worker.

Preferred Rehabilitation Provider:

NSW – Born Fit

Main Contact: Alan Chen

info@bornfit.com.au

Level 4/29 Kiora Rd

Miranda NSW 2228

Ph: 1300 240 461

 

A full list of occupational rehabilitation providers in NSW is available at SIRA’s website: http://www.sira.nsw.gov.au/information-search/rehab-provider

While Show Support Pty Ltd’s Return to Work Coordinator will refer NSW employees to Born Fit as the preferred Rehabilitation Provider, the RTWC will refer all other state employees to a rehabilitation provider on a case-by-case basis. If an employee wishes to do so, they can request their own Rehabilitation Provider. An employee must notify the Return to Work Coordinator that they wish to use their own Rehabilitation Provider during the initial incident investigation and claim.

In compliance with the WHS Act, 2011 and the Workplace Injury Management and Workers Compensation Act 1998 (NSW), Show Support Pty Ltd is obligated to seek input from workers and worker representative organisations on the Return to Work Program before finalising and approving the program.

The Return to Work Program is communicated and displayed via various mediums to keep employees up-to-date and informed on how the program works. Safety committees and safety committee meetings are documented and shared with employees so that they are aware of any changes regarding safety measures or alterations to the program. Employees receive induction training concerning the program. Employees have access to safe work method statements and toolbox talks via the CrewCard app.

The Return to Work Program is continually monitored and reviewed by the RTWC to ensure the program is up to date and in line with changes in legislation and/or guidelines. The program is reviewed every two years.

 

4. Rights and Obligations

The worker will receive an email from the Show Support Pty Ltd Return to Work Coordinator (RTWC) explaining their rights and duties. The RTWC will also provide them with SIRA’s ‘A Guide to Recovery at Work’ brochure, which explains what to do after a work injury or illness.

A worker who notifies Show Support Pty Ltd of a work related injury or illness is obliged to:

  • Report the injury through the Incident Report form on the CrewCard app as soon as possible after the incident occurs.
  • Participate and cooperate in establishing an injury management plan.
  • Carry out the actions an injury management plan requires of them.
  • Make all reasonable efforts to return to work with Show Support Pty Ltd as soon as possible.
  • Nominate a treating doctor to help with the worker’s recovery, who is authorised by the worker to share information with Show Support Pty Ltd and others involved in managing the injury, using documents like a certificate of capacity or claim form.
  • Maintain regular contact with their Manager/Supervisor and RTWC.
  • Support all absences and inability to return to pre-injury duties related to the injury with a workers compensation certificate of capacity.
  • Attend treatment outside of working hours where practicable, as treatment is intended to facilitate return to work, not impede it .
  • Actively participate and cooperate in their Recovery at Work plan.
  • Actively participate in determination of capacity for work.

An injured worker has the right to: 

  • Privacy and confidentiality.
  • Choice of a Nominated Treating Doctor.
  • Employment that is both suitable and, so far as reasonably practicable, the same as or equivalent to their pre-injury employment.
  • Refuse or request a change in rehabilitation provider, however, they must contact the RTWC to discuss alternative rehabilitation provider options.
  • Be consulted and involved in identifying suitable work and in development of, and participation in, a Recovery at Work Plan .
  • Protection from dismissal because they are not fit for employment resulting from the injury, within six months of the worker first becoming unfit for employment.

 

Workers have access to multiple members of the support team that help with the workers recovery at work:

Return to Work Coordinator

The Show Support Pty Ltd RTWC helps employees recover at work and runs the Return to Work and Injury Management Programs. They handle the day-to-day work of the program and link the injured employee with their healthcare provider’s support team. The RTWC’s duties include:

  • Acknowledging and consolidating initial notification information by sending an email to the injured worker and supervisor/manager, detailing the workers’ compensation process.
  • Initiating early contact with the injured worker, supervisor/manager and nominated treating doctor to facilitate recovery at work and determine suitable employment arrangements.
  • Maintaining regular, positive communication with the injured worker and other pertinent stakeholders as needed.
  • Coordinating the worker’s return to work process, including identifying appropriate employment opportunities.
  • Developing, monitoring and reviewing a Recover at Work Plan (in collaboration with key parties) outlining the worker’s capabilities and available duties.
  • Collaborating with external stakeholders, such as the nominated treating doctor, insurer, treatment providers, union representatives and workplace rehabilitation providers.
  • Enacting the Return to Work (RTW) program.
  • Assisting in the redeployment of workers (internally or externally) into suitable employment if they cannot resume their pre-injury duties.
  • Maintaining records of injury and recovery at work statistics.
  • Ensuring the confidentiality of case notes and records in accordance with Recordkeeping and Privacy laws and guidelines.
  • Advocating for the health benefits of recovery at work within the workforce.
  • Arranging medical case conferences where RTWC, nominated treating doctor, rehabilitation provider and union, if applicable, must attend.

 

Senior and Middle Management

  • Senior and middle management ensure appropriate employment is available, to the extent it is feasible, when an employee is ready to resume work, whether full-time or part-time. The role provided should be, as much as possible, the same or equivalent to the work being performed at the time of injury.
  • Foster a constructive and encouraging atmosphere, and provide ongoing assistance during the recovery process.
  • Engage proactively in the employee’s Return to Work Program and keep track of their recovery journey.

 

Nominated Treating Doctor

The nominated treating doctor evaluates workers’ abilities, diagnoses and treats them, providing certificates for the workers’ compensation system. They help workers return to work and, when possible, support their recovery at work with appropriate clinical care and management, which includes:

  • Planning for recovery at work and returning to work alongside the worker and other members of the support team.
  • Filling out the certificate of capacity.
  • Periodically reassessing the worker’s capacity and condition.
  • Collaborating and communicating with Show Support Pty Ltd as the employer and self-insurer.
  • Consistently evaluating the effectiveness of treatment with the worker and promoting an evidence-based treatment strategy. This involves ensuring timely advancement of treatment towards an active, self-management approach.
  • Recommending cessation of treatment where there is no resulting objective improvement in function or work capacity within the expected time frame. 

Further information regarding the roles and responsibilities of a nominated treating doctor is available on the SIRA website: https://www.sira.nsw.gov.au/workers-compensation-claims-guide/understanding-the-claimsjourney/medical-and-related-services/nominated-treating-doctor 

 

Approved Workplace Rehabilitation Providers

SIRA-approved rehabilitation providers are experts who can address the physical, functional, psychological and /or workplace barriers that may affect a worker recovering at work or returning to work. Their roles includes:

  • Assessing a worker’s capacity to perform duties safely
  • Identifying duties that will support improvements in a worker’s capacity
  • Identifying options to help reduce work demands (including providing advice on equipment, job or workplace modifications)
  • Identifying and addressing risks that may impact a worker’s recovery /return to work outcome
  • Implementing and monitoring a plan to achieve an agreed recovery at work goal.
  • Communicating with relevant parties throughout their service to ensure progress towards the recovery at work goal.

Further information regarding Approved Workplace Rehabilitation Providers is available on the SIRA website: https://www.sira.nsw.gov.au/resources-library/workers-compensation-resources/publications/help-withgetting-people-back-to-work/what-to-expect-from-your-workplace-rehabilitation-provider 

 

Insurer

Show Support Pty Ltd’s insurer, iCare, plays a crucial role as part of the injured worker’s support team. They contribute to the effective management and successful rehabilitation of the injured worker. Their roles include:

  • Ensuring timely payment of compensation benefits to injured workers as per statutory requirements.
  • Offering financial support for medical treatment, rehabilitation services and any necessary aids or equipment.
  • Assigning a dedicated case manager to oversee the injured worker’s case.
  • Coordinating with healthcare providers, rehabilitation specialists and other stakeholders to facilitate the injured worker’s recovery journey.
  • Collaborating with Show Support and the injured worker to develop a tailored return-to-work plan.
  • Providing vocational rehabilitation services, job retraining, and support for modified duties to facilitate the injured worker’s return to the workforce.
  • Assisting Show Support Pty Ltd in navigating the claims process and addressing any legal or administrative requirements related to the injured worker’s case.
  • Regularly review the injured worker’s progress and adjust support services and interventions as necessary to ensure optimal outcomes.
  • Conducting assessments to determine the ongoing needs of the injured worker and identify opportunities for improvement in the support provided.

 

Unions

Unions may help a worker in relation to dispute prevention and resolution regarding the Return to Work and injury management process. 

 

5. After an Incident

Information on Show Support Pty Ltd’s procedures on first aid and Incident Reporting can be accessed either through Resources on the Portal or through the Pre-Start Acceptance on the CrewCard app under Policies and Procedures.

Incident Reporting Policy P002

First Aid Policy P008

First Aid Procedure 025

   

 

A notifiable incident to the Work Health Safety Regulator SafeWork includes:

  • The death of a person
  • Serious injury or illness of a person
    • Refers to an injury or illness necessitating immediate hospitalisation, urgent treatment for specific conditions such as amputation, severe head or eye injury, burns, skin separation from underlying tissue, spinal injury, loss of bodily function, significant lacerations or medical treatment within 48 hours of exposure to a substance, as well as any other injury or illness designated by regulations, excluding illnesses or injuries of specified types.
  • A dangerous incident
    • Refers to an occurrence that poses a serious risk to the health or safety of a worker or any other individual due to immediate or imminent exposure to various situations, including uncontrolled release of substances, implosions, explosions, fires, gas or steam escapes, pressurised substance escapes, electric shocks, falls from heights, plant failures, structural collapses, excavation failures, water, mud, or gas inrush in underground areas, ventilation system interruptions or any other event specified by regulations, excluding incidents of designated types.

If a notifiable incident were to occur on-site, Show Support Pty Ltd strongly encourages our host employers to notify SafeWork. Our host employers are responsible for the job site our employees are working at, in turn, it is their responsibility to ensure injured employees receive the correct treatment.

However in the case that our host employers do not report to SafeWork, Show Support Pty Ltd’s managers or supervisors in charge must report to SafeWork immediately on 13 10 50. Managers and supervisors must instruct all crew on site to not disturb the incident scene until an inspector arrives at the site, or until direction is given by an inspector. Managers and supervisors are allowed to help the injured workers and ensure that they get the right care. If there is immediate risk to life managers and supervisors must call 000.

Each notifiable incident must be reported using the Incident Report Form on the CrewCard and as a result, is recorded in the forms matrix on the CrewCard Admin and Duty Manager portals where the RWTC will conduct an investigation for Show Support Pty Ltd’s register of injuries.

 

5.1  Reporting An Injury

The Incident Report form is where workers will be directed to, to record any incident. Workers are trained on how to use the Incident Report during their induction alongside the other safety reporting features on the CrewCard app.

 

An injured worker must report an injury to their manager or supervisor as soon as possible after sustaining the injury. Managers or supervisors must ensure that the worker completes the Incident Report form on the CrewCard app. The injured worker will be advised to send the certificate of capacity to the RTWC.

If the worker is unable to complete the Incident Report due to the nature of injury sustained, the manager or supervisor must record the incident on behalf of the injured person.

Once the Incident Report is submitted the RTWC is instantly notified. The RTWC will reach out to the injured employee to initiate an Incident Report Investigation. This is to fill in any gaps left out of the initial Incident Report form. Once the information is collected the RTWC will in turn notify iCare of the injury straightaway. The iCare notification number is then recorded in the forms matrix alongside the Incident Report.

 

6. Support for the Worker

Effective communication is pivotal in every aspect of the return to work process. Therefore, it is imperative that communication between the RTWC, injured worker and external stakeholders is maintained through:

  • Cultivating and preserving positive relationships.
  • Ensuring transparency through open and honest exchanges among all parties regarding the rules and rationale behind regulatory measures, which should be fair, clear and accurate, devoid of hidden agendas or conditions.
  • Discouraging blame.
  • Simplifying communication by pinpointing key information and employing a checklist approach: who, what, when, where and how.
  • Confirming comprehension to ensure that clear messages and expectations are grasped by the injured worker regarding their responsibilities in participating and cooperating throughout their recovery at work and injury management process.
  • Maintaining regular contact with the worker via phone, email and meetings.

 

6.1  Informed Consent

Informed consent is where a worker is given all the relevant information before consenting to the release and exchange of information. It aims to ensure that the worker understands the benefits of providing consent and the risks of not doing so.

Once the injured worker has filled in the initial Incident Report form, which includes their nominated treating doctor and desire to claim workers compensation, the worker signs and agrees to the release of information via the worker’s declaration above the signature section of the Incident Report Form.

The Worker’s Declaration is as follows:

I have discussed this consent form with my employer. I understand that any data gathered will be maintained within a confidential case file, accessible only to those directly involved in coordinating and overseeing my return to work process. I am aware that I retain the right to modify or retract my consent at any point by informing Show Support.

I understand that my employer will:

  • only collect personal and health information that is relevant and necessary to manage my recovery at work and facilitate the workers compensation claim
  • only use and disclose information for the purpose for which it was collected 
  • keep any information collected separate from my other personnel records
  • take reasonable steps to protect my information by ensuring it is stored securely, kept no longer than necessary and disposed of appropriately
  • allow me to access my information without unreasonable delay unless providing access would be unlaw or pose a serious threat to another person’s life or health

 

The kind of health information required to be released and or exchanged to help a worker recover at work includes any details about their physical or mental health, rehabilitation, retraining and injury or employment management. The following roles are allowed to share and receive this information:

  • Show Support Pty Ltd’s Return to Work Coordinator
  • Show Support Pty Ltd’s Senior Management
  • Claims Officer
  • Workplace rehabilitation providers
  • The nominated treating doctor
  • Other allied health professionals involved
  • The State Insurance Regulatory Authority (SIRA)

 

6.2  Weekly Payments – Calculation of Pre-Injury Average Weekly Earnings (PIAWE)

Weekly payments are determined by calculating a worker’s pre-injury average weekly earnings (PIAWE). This figure includes various components such as allowances, loadings, shift and overtime pay and piece rates. PIAWE is subject to the following exceptions: 

  • Compulsory employer superannuation contributions.
  • Worker’s compensation payments for loss of earnings.
  • Discretionary bonus payments.

The Workers Compensation Claims Officer obtains access to the salary information from the Show Support Pty Ltd payroll system (CrewPayer) by the RTWC. From there they calculate the PIAWE in accordance with Part 3, Division 2, Sub-division 4 of the Workers Compensation Act 1987 (NSW). The amount of weekly payments payable depends on, but is not limited to:

  • the worker’s current work capacity
  • the worker’s PIAWE and current weekly earnings
  • how long the worker has received weekly payments
  • the worker’s ability to earn suitable employment

The Workers Compensation Claims Officer is responsible for the calculation and payment of weekly payments in a timely manner and, where possible, in the pay period in which the entitlement arises.

Weekly payments are reviewed by the insurer’s Worker’s Compensation Claims Officer on a regular and ongoing basis throughout the life of the claim to ensure ongoing entitlement and that the correct rate is applied to weekly payments.

Where weekly payments change as a result of the expiration of entitlement periods the Workers Compensation Claims Officer will inform the worker in writing.

Workers are required to notify their manager/supervisor or the RTWC of any change in employment that affects their earnings, such as commencing work for another employer. This means that workers are to sign and declare in section 3 ‘employment declaration’ of the certificate of capacity that they have begun work.

The insurer will notify workers via email about the weekly compensation amount payable for a claim, including any changes in the rate. This excludes changes resulting solely from variations in the worker’s hours as part of the return-to-work process.

 

6.3  Managing Weekly Payments

Step 1: An employee will notify Show Support Pty Ltd of an injury using the Incident Report Form (IRF) in the CrewCard app – this is accessed via the Job Details Page in the top right menu.

Step 2: The insurer is notified of the injury online via iCare by the Show Support Return to Work Coordinator (RTWC) within 48 hours of the incident being reported at https://www.icare.nsw.gov.au/employers/make-a-claim/notify-us-of-an-injury-or-make-a-claim#gref. If the injury is reported after hours, on the weekend or on a public holiday then Show Support has 5 days to notify the insurer.

Step 3: Show Support defines two types of reported injuries:

Notification

An injury that is reported via the IRF stating that it WILL NOT require medical care and/or time off work.

Claim

An injury that is reported via the IRF stating that it WILL require medical care and/or time off work.

Step 4: Show Support Pty Ltd’s RTWC accesses the admin portal of the Personnel Manager software and updates the Show Support Forms Matrix notes column against the Incident Report Form with the Notification Number and date of the injury notification for the reported injury. In the event the reported injury is a Claim or progresses to a Claim, then the Forms Matrix notes column against the IRF is updated with the Claim Number and date of the Claim for reported injury of type ii above.

Step 5: Show Support Pty Ltd’s RTWC liaises with Show Support Payroll and obtains the payslips for the previous 52 weeks prior to the injury.

Step 6: Show Support Pty Ltd’s RTWC sends the 52 weeks payslips to iCare along with any Certificate of Capacity or Medical Certificates or medical care invoices quoting them the claim number by emailing emlclaims@workerscomp.nsw.gov.au

Step 7: Upon receiving the claim, an iCare representative will contact Show Support Pty Ltd’s RTWC to discuss and decide on liability within 7 days. They will also confirm the option to involve Show Support Pty Ltd’s rehabilitation provider and pay them directly. The decision to appoint a rehabilitation provider will be determined on a case-by-case basis. 

Liability Terminology used by iCare:

Provisional Liability – The Claim is Accepted 

Icare will call Show Support Pty Ltd’s RTWC within 3 days of the claim being lodged to go through the details of the claim and they will make the provisional liability decision within 7 days. However, the provisional period can extend up to 12 weeks of weekly payments or up to $10,000 in medical and related expenses. In this time, the crew’s case manager will be undertaking investigations to understand more about the crew’s injury and how it happened. They’ll then use this information to make a formal liability decision. In some cases, if there is no time loss from work, but there is a need for medical treatment, the case manager may accept provisional liability – medical only.

Reasonable Excuse – The Claim is Rejected 

A reasonable excuse is a reason for claim service providers to not commence provisional weekly payments. There are seven types of reasonable excuses. While a reasonable excuse exists, the crew is still entitled to receive compensation for reasonably necessary medical and related expenses up to $10,000. The crew’s case manager must use this time to take urgent and appropriate action to investigate their claim. A reasonable excuse should not be applied for any longer than is necessary.

Medical Only – Claim Accepted for Medical Expenses

Medical-only claims are usually determined on the first call with Icare for injuries where there is no time off work and there are only some medical bills to cover or reimburse. iCare will aim to reimburse these invoices immediately. In cases where the claim number has not been issued by the time the worker first receives medical treatment, the medical invoice may be addressed directly to Show Support Pty Ltd so that the injured worker is not out of pocket.

Step 8:   On the date advised, the iCare representative will call back with the liability decision and will also confirm by email. If liability is accepted by the insurer, the weekly compensation amount will be included in the email, either based on the previous 52 weeks’ earnings or a minimum payment or a selected period from the previous 52 weeks’ earnings. iCare will average out the last 52 weeks to calculate earnings. If the injured worker has worked less than 52 weeks, they will calculate the weekly earnings based on the weeks they have worked and the hourly rate of the crew member and will pay 95% of that amount. If the worker is injured on their first shift the weekly earnings will be based on another worker’s pay history. iCare will make payments based on hours worked and the pay rate of the injured worker if the full pay history is not available to them then they will adjust the payments and make any reimbursements when pay details and/or Certificate of Capacity is received.

Step 9: iCare will request the employee to complete a Tax File Number Declaration (TFND) so that they can pay the injured worker directly, or they may decide that Show Support Pty Ltd should pay the injured worker directly. iCare will inform Show Support Pty Ltd of their decision on a case-by-case basis.

Step 10: In the event, that iCare does not calculate the weekly benefits within 7 days or make their payments on time to the injured worker, the injured worker must email Show Support Pty Ltd’s RTWC via ops@showsupport.com.au and request that Show Support pays the minimum mandated workers compensation payment.

Step 11: iCare’s representative will call with any updates and will email any changes to the amount being paid to the RTWC and the RTWC will notify iCare of any relevant circumstances that may come to light during the claim period.

 

7. Recovery at Work

Show Support Pty Ltd is dedicated to offering suitable duties/employment to injured workers as required by Section 49 of the Workplace Injury Management and Workers Compensation Act 1998. This law ensures that workers, regardless of their injury severity, can return to work either full-time or part-time.

Show Support recognises that our Return to Work Program involves addressing not only the physical aspects of injury but also the psychological and social factors that influence an individual’s recovery and return to function. We implement the following strategies to incorporate the biopsychosocial approach:

  • Comprehensive Initial and Workplace Assessment: Show Support to collaborate with external providers to conduct thorough workplace assessment of the individual’s physical health, psychological well-being, and social circumstances to identify factors that may impact their ability to return to work.
  • Personalised Recovery at Work/Return to Work Plans: Working with rehabilitation providers and injured workers to develop personalised rehabilitation plans that address the specific needs and challenges of each individual, taking into account their physical, psychological, and social needs.
  • Multidisciplinary Collaboration: Foster collaboration between healthcare professionals, including doctors, treaters, rehabilitation providers, to provide holistic care and support to the individual.
  • Workplace Accommodations: Clear communications between the RTWC, supervisors and rehabilitation consultant to implement workplace accommodations that support the individual’s return to work, such as modified duties, flexible work arrangements, and ergonomic adjustments.
  • Education and Training: Offer education and training programs for the injured workers to increase awareness and understanding of the biopsychosocial factors influencing return to work.
  • Ongoing Monitoring and Support: Continuously monitor the individual’s progress and adjust the recovery at work plan as needed to address emerging physical, psychological, or social challenges.

By integrating these strategies into the Return to Work Program, we can effectively address the complex connection between biological, psychological, and social factors, leading to improved outcomes and a successful return to work for the employees.

In most instances, appropriate duties will only be required for a temporary period until the injured worker is deemed fit to resume their full-time pre-injury position without any restrictions. Show Support Pty Ltd will endeavor to provide suitable employment for the worker, where feasible. However, given the physical nature of the work and the limited positions available in the office, it may not always be possible to find light duties for every worker and workers may be required to attend Show Support jobs and assist with signing crew members on and off and general supervision, provided the worker has an aptitude for such tasks.

Suitable duties are to be time limited, monitored closely and regularly upgraded towards pre-injury hours and duties where appropriate. Suitable duties or employment can be offered through various means, including but not limited to:

  • Placement at the same or a different worksite.
  • Adjustment of work hours or modification of duties within the same job.
  • Providing training opportunities.
  • Employing a combination of these options.
  • Offering a completely different job role.

Suitable employment refers to work designated for a worker based on their current capacity for work, which is determined by factors such as:

  • The extent of their capability for work.
  • Medical certification (Certificate of Capacity or medical report).
  • The worker’s age, educational background, skills and work experience.
  • Qualification/licences
  • Biopsychosocial barriers
  • Psychological barriers
  • Any plans or documents prepared as part of the recovery at work planning process, including an Injury Management Plan.
  • Any rehabilitation services approved for or provided to the worker.
  • Any other criteria specified in the SIRA Guidelines.

When an injured worker is deemed capable of returning to work in suitable employment, the RTWC will initiate the return-to-work process in collaboration with the Manager/Supervisor, worker, the nominated treating doctor and the rehabilitation provider, even if a claim is under dispute.

Evidence suggests that staying at work or returning to work as soon as safely possible, is good for health and overall wellbeing. Please refer to the link below: https://www.sira.nsw.gov.au/workers-compensation-claims-guide/understanding-the-claimsjourney/recovery-at-work/recovery-at-work 

The RTWC will collaborate with the nominated treating doctor or rehabilitation provider to explore suitable work options. If none are found, alternative options will be considered. Adjustments to job roles or hours may be made for suitable duties, with retraining provided if necessary.

Once agreed upon with the injured worker, their manager/supervisor, and union delegate (if applicable), all offers of suitable work will be documented in the Recover at Work Plan, outlining duties, hours and any restrictions.

Preference will be given to offering suitable employment over suitable duties when possible, particularly for workers with serious injuries who may struggle to return to their previous role. This involves providing a similar-level position that aligns with their past role.

Suitable duties will not be offered under the following circumstances:

  • If they are deemed unsuitable considering the injured worker’s limitations.
  • If the injured worker voluntarily resigned from Show Support Pty Ltd post-injury (whether before or after the onset of work incapacity).
  • If the injured worker’s employment was terminated post-injury for reasons other than being unfit for work due to the injury.
  • If it is not feasible to provide employment due to practical constraints.
  • In situations where suitable duties cannot be identified within Show Support Pty Ltd, or if a worker cannot return to their pre-injury or permanent alternative employment, the assistance of an approved workplace rehabilitation provider may be necessary. This service is detailed on page 7 under the section on approved workplace rehabilitation providers.

In cases where suitable duties cannot be provided and returning to work with a different employer is necessary, an approved workplace rehabilitation provider will offer support by:

  • Evaluating the worker’s skills, education and experience.
  • Identifying suitable job opportunities, offering job-seeking assistance and arranging training if necessary.
  • Assessing relevant programs and services to aid the worker in securing employment.

SIRA offers various funded programs to aid injured workers requiring additional support to return to work, including:

  • Education or training assistance.
  • New Employment Assistance.
  • Transition to Work Program.
  • Work trial program.

For further information regarding these programs please refer to the SIRA website. 

https://www.sira.nsw.gov.au/theres-been-an-injury/im-a-worker-recovering-at-work 

 

7.1 Developing and Maintaining a Recover at Work Plan

A Recover at Work Plan is a written plan that is established prior to an injured worker carrying out suitable duties/employment options following an injury which results in any period of medically certified reduced work capacity.

The Plan outlines the following: 

  • Job Title
  • Job Location
  • Goals
  • Hours/days to be worked
  • Commencement and review dates
  • Duties that the worker will perform on their return to work
  • Treatment arrangements
  • Restrictions as per the Workers Compensation Certificate of Capacity
  • Evidence of consultation
  • Arrangements to notify relevant parties of changes or issues with the Plan

NOTE: A Recover at Work Plan is required for work-related injury/illness where a worker is certified as having a current work capacity (fit for suitable duties) even if for only one day.

A Recover at Work Plan is to be developed by the rehabilitation provider and RTWC. The rehabilitation provider will conduct a workplace assessment to identify the suitable tasks and work the injured worker can complete while in recovery. The RTWC will also arrange a medical case conference to confirm with all parties that the tasks outlined by the rehabilitation provider are in fact suitable for the injured worker. The Recover at Work Plan is reviewed in accordance with the Workers Compensation Certificate of Capacity issued by the Nominated Treating Doctor.

The Plan will be shared with the worker and their manager/supervisor for review and discussion. Both will have the chance to give feedback and suggest changes during the consultation. Before the plan starts, it must be agreed upon and signed by the nominated treating doctor, the rehabilitation provider and the worker. Signed copies should be kept in the rehabilitation file. The rehabilitation provider will ensure signatures are obtained by faxing or emailing the signed plan to the Nominated Treating Doctor for review. The Plan should be updated to match any changes in the worker’s condition or ability to work.

The rehabilitation provider will file a case note detailing the decisions, and rationale supporting the decisions made during the development and review of the Recover at Work Plan.

Show Support Pty Ltd acknowledges that it is against workers’ compensation legislation to terminate an injured worker on the basis of a work-related injury within 6 months of the date of injury as stated in Section 248 of the Workers Compensation 1987 Act. Show Support Pty Ltd acknowledges that if we were to dismiss a worker due to work-related injury at any stage of the claim, the worker may apply to be reinstated as per Section 241 1987 Act.

 

8. Dispute Prevention and Resolution

Workers may seek resolution of issues or a dispute in relation to the Recover at Work or Injury Management processes in one or more of the following ways:

  • Seek information or assistance
  • Resolve the complaint informally
  • Make a formal complaint
  • Take no action.

Workers are urged to bring up any concerns with their Manager/Supervisor as soon as possible. However, it’s important to try to solve any problems through open communication between the RTWC, injured worker, Nominated Treating Doctor, Manager/Supervisor, approved rehabilitation provider and, if needed, the worker’s representative.

One method that a worker can use to lodge a complaint about the above processes is to use the Feedback Form located on the Show Support website, or they may report their complaint to the RTWC.

Show Support Pty Ltd prioritises the prompt and fair resolution of disputes through clear and transparent processes. We ensure that our workers are fully informed of the workplace dispute resolution arrangements and formal mechanisms available through the Pre-Start Acceptance on the CrewCard app. This includes providing detailed explanations of both formal and informal dispute resolution methods

During a dispute, if agreement cannot be reached, Show Support Pty Ltd will implement one, or a combination of, the following management strategies:

  • Communicating with the Nominated Treating Doctor by the RTWC to understand the reasons for disagreement and negotiate an appropriate solution for returning to work.
  • Providing all evaluations of the worker’s ability to work and available job tasks to the Nominated Treating Doctor.
  • Sending the worker to an Approved Workplace Rehabilitation Provider for evaluation and communication with all involved parties.
  • Referring the worker to an Independent Physiotherapy Consultant.
  • Referring the worker to an Injury Management Consultant for evaluation and discussion with the Nominated Treating Doctor.
  • Referring the worker to an Independent Medical Examiner for review.
  • Arranging a medical case conference to establish what is not working in order to find a solution.
  • Directing the employee to a rehabilitation service, such as mindfulness meditation.
  • Applying to the Personal Injury Commission for assessment by an Approved Medical Specialist and, if necessary, proceeding to Arbitration.

In cases where formal external avenues are necessary, all parties have the ability to contact the following for assistance: 

  • Workers can contact the Independent Review Office at 13 94 76 for assistance with inquiries.
  • Employers seeking clarification about the dispute process can reach out to the State Insurance Regulatory Authority (SIRA) at 13 10 50. 
  • The Personal Injury Commission (PIC) can be contacted at 1800 742 678 for further assistance.

 

9. Administration

All information and records obtained during the Return to Work process will be kept confidential, in line with relevant privacy laws. Disclosure will only occur as permitted by these laws and/or the provisions of the Workplace Injury Management and Workers Compensation Act 1998.

Recover at work information pertains to treatment, rehabilitation, retraining, claims management and employment practices aimed at assisting an injured worker’s return to work.

The injured worker is required to provide consent to the doctor, employer, insurer, treating practitioners, rehabilitation providers and SIRA for the purpose of managing the injury and Workers Compensation claim. This consent is granted by accepting the worker’s declaration and signing the Incident Report Form for the release of personal information or the initial and/or subsequent Certificate of Capacity.

The injured worker has the option to revoke consent in writing to the RTWC or Claims Officer. However, withdrawing consent may impede return-to-work assistance and could impact the worker’s entitlement to Workers Compensation benefits.

A critical aspect of the Recover at work process is the management and maintenance of appropriate records. In this regard, Show Support Pty Ltd will ensure that:

  • Consent from the injured worker is required to obtain any information regarding their illness or injury.
  • All pertinent documentation concerning a worker’s work-related injury or illness is lawfully stored in the compensation and rehabilitation files.
  • Files related to the workers’ compensation process are securely kept in a locked location.
  • Access to information regarding workers’ compensation and return to work matters is strictly confidential.
  • Privacy is maintained as per the regulations outlined in S243 of the Workplace Injury Management and Workers Compensation Act 1998 (NSW), Privacy and Personal Information Protection Act 1998 (NSW) and Health Records and Information Privacy Act 2002 (NSW).
  • Destruction of all documentation associated with the worker’s compensation process is undertaken through an appropriately secure disposal process.

Workers compensation files are maintained and secured in the Workers Compensation Department in locked cabinets. These files may be accessed by the claims officer, Manager Workers Compensation, RTWC and Human Resources (when applicable).

Case notes of all actions taken throughout the life of a claim are created and retained on the relevant rehabilitation and workers compensation files.

The documentation, storage, retention and disposal of rehabilitation and claim files will be consistent with the Show Support Pty Ltd Record-keeping Policy and Record-keeping Standard. 

Show Support Pty Ltd will maintain a secure database recording all claims made, claims estimates and payments in accordance with SIRA Claims Technical Manual.