What are an employer’s obligations?
Both you and your employees have responsibilities in relation to workplace safety, and in relation to what happens if an injury does occur
As an employer, you must maintain a readily accessible Register of Injuries for all incidents, accidents and near misses and make sure all employees are aware of it. CGU can supply copies of a Register of Injuries to employers.
There are six key return to work obligations for all claims received by the employer on or after 1 July 2010. These are:
1. Provide employment
2. Plan for a return to work
3. Consult about the return to work of a worker
4. Nominate a Return to Work Co-ordinator
5. Make return to work information available
6. Host employers to co-operate with Labour Hire employers
For all claims receievd by an employer prior to 1 July 2010 there is a 9 month transition period to comply with these obligations.
When an injury occurs
Following an injury an employer must:
- ensure the injured worker receives medical treatment if required
- notify CGU by forwarding the completed Worker’s Injury Claim Form and Employer Injury Claim Report to CGU within 10 working days of receipt of the claim
- ensure all relevant details of the injury and the circumstances in which it occurred are recorded in your Register of Injuries as soon as possible
- provide the worker with relevant return to work information
- start planning for a return to work
- you are obligated to provide and offer suitable or pre-injury employment that meets the injured workers functional restrictions for a period of 52 weeks, which commences when either a medical certificate or a claim for weekly payments, whichever is the earlier and regardless of a liability of determination
Making a claim
Once a claim form is completed and submitted to the employer, an employer must:
- forward the completed Worker’s Injury Claim Form and Employer Injury Claim Report to CGU within 10 working days
- forward relevant WorkSafe medical certificates of capacity as soon as possible.
Employers also have a number of obligations relating to workplace health and safety. For more information refer to the Services section.
An injured worker’s obligations
An injured worker must:
- notify their employer of any injury or illness within 30 days of becoming aware of it
- make a workers’ compensation claim (including providing a WorkSafe medical certificate) in order to receive payment for medical expenses and time lost due to the injury
- nominate their own treating doctor, usually a GP who agrees to participate in the planning of their return to the workforce
- actively participate and cooperate in planning their return to work
- participate and coorporate in assessments of your capacity for work, rehabilitation progress and future employment prospects
- make every reasonable effort to return to work in suitable employment or pre-injury employment
- actively participate and cooperate in an interview for the purpose of enhancing your return to work opportunities
If they don’t meet these obligations, their entitlement to weekly payments and medical and other expenses may be affected.
More information regarding employer rights and responsibilities, visit the WorkSafe Victoria website.