COMPARISON OF WORKERS' COMPENSATION ARRANGEMENTS
STATUTORY  RESPONSIBILITIES
STATUTORY RESPONSIBILITIES
STATUTORY
COMMONWEALTH*
VICTORIA
RESPONSIBILITIES
Return to work (RTW)
Employer required to provide injured worker with
Employer to offer:
provisions:
suitable employment within Commonwealth until
  pre injury employment if worker no longer has 
the date of separation and that employment is
an incapacity for work, or
  Employer
usually worker's original position and hours of
responsibilities
work.
  suitable employment if worker has a `current 
work capacity'.
Comcare has developed a model of occupational
rehabilitation to assist employers to meet their
This applies for 12 months, or aggregate of
responsibilities under the SRC Act. Effective
periods not more than 12 months, first occuring
occupational rehabilitation is a managed process,
after injury.
combining early intervention with appropriate,
Employers with more than $1million rateable
adequate and timely services, based on the
remuneration must establish and maintain an
assessed needs of the individual.
occupational rehabilitation and risk management
The key elements of Comcare's occupational
program within 3 months of assessment or
rehabilitation model are:
certification.
  return to work activity should commence as 
Employers with remuneration of $1million 
soon as possible after injury
or less must establish and maintain an
occupational rehabilitation and risk management
  the employee's workplace and specific duties 
program if a worker is injured and has no
are the focus of the planned return to work 
current work capacity for 20 or more calendar
activities
days.
  the employer is responsible for the close 
Employers must nominate a RTW coordinator 
management and monitoring of return to work 
as part of an occupational rehabilitation
programs, in consultation with treating health 
program, or if there is not yet a program in
professionals and specialist rehabilitation 
place, if a worker is injured and has no current
providers
work capacity for 20 or more calendar days.
  employees are required to actively participate 
Employers must prepare a RTW plan for any
in the development and implementation of their
injured worker who has no current work capacity
return to work programs, and
for 20 or more calendar days.
  the employer takes action to ensure further 
workplace injuries are prevented.
Seacare: Employer required to take all
reasonable steps to provide worker with 
suitable employment
  Worker
Benefits may be suspended if worker fails to
Worker required to make `reasonable efforts' to
responsibilities
comply with, or obstructs a rehabilitation
return to work, including:
program or medical examination
(a) participating in rehabilitation or RTW plan
Seacare: Benefits may be suspended if the
(b) participating in assessments of incapacity, 
worker is not cooperative in rehabilitation or
rehabilitation progress and employment 
refuses to be medically examined
prospects, and
(c) complying with request to provide information,
including medical reports, as to current 
nature and extent of injury and incapacity.
Benefits may be terminated if worker fails to
comply
* Unless otherwise stated,
information provided
applies to both Comcare
and Seacare
Heads of Workers' Compensation Authorities  34
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