TCFUA - Return to Work - English

Things you should know about

WORK INJURY & ILLNESS Report your injury or illness

Report your injury or illness as soon as possible.

You must notify your employer in writing WITHIN 30 DAYS of the injury or illness.

Make sure you record your injury/ illness in writing in the INJURY BOOK at your workplace.

Keep a copy of all documents relating to your WorkCover Claim

Always keep a copy.

Get a CERTIFICATE OF CAPACITY from your doctor. This is different to a normal medical certificate. It should: – describe your injury or illness; – say how much time off work you need; – if you cannot do your current job, say what other tasks you can do and any restrictions or limitations that may apply.

Get a medical certificate

You cannot make a WorkCover claim without a Certificate of Capacity. Give your doctor as much detail as possible! For approved WorkCover claims medical bills will be paid for by your employer’s WorkCover insurance company (the Agent).

You can choose your own doctor

To make a WorkCover claim, you have to fill out a WORKER’S INJURY CLAIM FORM. You can get a Claim Form from:

Make a WorkCover Claim

– your employer – your local Post Office – the union – WorkSafe’s advisory line 1800 136 089 (free call)

Fill the form out correctly.

If you’re not sure, ask for help!

You can claim medical expenses even if you don’t take time off work

Do you need time off work?

Can you return to work?

Give the completed claim form to your employer.

He/she must sign it, give you a copy, and send it to their WorkCover insurance company (the Agent) no more than 10 days after receiving it from you.

Your employer’s WorkCover insurance company will assess your claim, and will inform you within 28 days whether your claim has been approved or not.

If your WorkCover claim is approved, you are entitled to receive weekly payments and medical expenses.

If you need a medical procedure you will need to have this approved by the Agent beforehand.

1) Return to your normal job Return to your normal job if and when your doctor says it is safe to. Follow your doctor’s advice. WorkCover will still pay for approved medical treatment if you keep working or once you are back at work.

OR 2) Modified or Light Duties If you cannot do your normal job, your employer must provide you with modified duties (if they are available, and suitable for your health). Your employer must make a RETURN TO WORK PLAN.

A RETURN TO WORK PLAN is a written document which says:

Make a Return to Work Plan

If you disagree with decisions about your claim, you may want to go to conciliation

Other people who can assist you

– what date you can come back to work – how many hours you can work per day/week – what medical treatment or assistance you will receive – what suitable duties you can do – what duties you cannot do and any limitations and restrictions that may apply – when your plan will reviewed The plan should be made by your employer, in CONSULTATION with you. Your doctor should approve your Return to Work plan. The union can assist you by attending meetings and giving advice.

Your doctor can help you, and his/her advice is very important. Make sure your doctor knows how your return to work is going and if there are any problems. Your doctor can update your Certificate of Capacity. It’s important that you only work within the Certificate of Capacity.

THE UNION can attend meetings with you and help you understand the WorkCover system by providing information and advice.

A RETURN TO WORK CO-ORDINATOR is a person chosen by your employer to help you return to work. They might be someone from your company (such as a manager or supervisor), or someone from another organisation.

FOR MORE INFORMATION, CONTACT: Textile, Clothing & Footwear Union of Australia (TCFUA)

WorkSafe 1800 136 089 www.worksafe.vic.gov.au

359 Exhibition Street Melbourne Victoria 3000

Please ask for an interpreter if you need information in your own language.

Phone (03) 9639 2955 Country members 1800 800 135 Email info@tcfvic.org.au

For pre-recorded information to frequently asked questions, you can call: Vietnamese 1300 761 868 Mandarin 1300 662 373 Cantonese 1300 559 141

Contact your company’s insurer to be referred to an OCCUPATIONAL REHABILITATION (OR) PROVIDER, who is a health practitioner who specialises in helping you return to suitable work. Your employer’s WorkCover insurance company (the Agent) must approve the costs before this service is provided.

You can choose from a list of three WorkSafe approved occupational rehabilitation providers.

Do weekly benefits include overtime and shift allowances?

Regular overtime and shift allowances may be included for the first 26 weeks (subject to some conditions).

Ask the union or your employer’s WorkSafe insurance company (the Agent) if your overtime and/or shift allowance will be included.

What other expenses can I claim?

You are also entitled to claim for travel expenses for appointments for medical treatment or examination by WorkSafe doctors. We suggest that you keep a record of: – – – – – –

when you travelled who you saw purpose of the appointment where the appointment was distance travelled by car (km) receipts of any travel (ie. train and bus tickets)

You should send these details to your employer’s WorkSafe insurance company (the Agent) on a regular basis and seek reimbursement, and always keep photocopies of any documents or receipts you give to the company. The current rate is 30 cents per kilometre for car travel.

Can I receive weekly benefits after 130 weeks?

If you have no current work capacity and this is not likely to change, you can apply to receive 75% of your pre-injury pay (to a maximum of $1,300* a week). Payments may continue until retirement age, unless there is a change in your work capacity.

If you have a current work capacity, you can apply to WorkSafe for your weekly payments and medical expenses to continue for more than 130 weeks, if you meet the following conditions: – you have returned to work and are working at least 15 hours a week and earning $151* or more a week, AND; – because of your injury, you are likely to remain physically or mentally incapable of working beyond this level, in any job.

If you meet both these conditions, your weekly payments will be: – 75% of your pre-injury pay, to a maximum of $1,300* a week, less 75% of what you are currently earning a week. * Correct at July 2009. This changes every year.

Did you make your claim before 2005?

These weekly benefit rates apply only to claims received by your employer’s WorkSafe insurance company (the Agent) on or after 1 January 2005. For weekly benefits prior to this date, contact the union or your employer’s WorkSafe insurance company.

What if I disagree?

It is your right to apply for conciliation if you disagree with the decision of your employer or your employer’s WorkSafe insurance company (the Agent). You need to do this within 60 days of receiving a written decision about your payments. Fill in a “Request for Conciliation” form, available from your union, your employer’s WorkSafe insurance company, or the Accident Compensation Conciliation Service 1800 635 960 www.conciliation.vic.gov.au .

Union members can receive free assistance and representation during the conciliation process from the “Union Assist” service. Please contact the union to arrange this.

For more information please contact: Textile Clothing & Footwear Union of Australia (Victorian Branch) 359 Exhibition Street, Melbourne, VIC, 3000 Phone: (03) 9639 2955 Country Members: 1800 800 135 Email: info@tcfvic.org.au

WorkSafe Victoria Advisory Line: 1800 136 089 Website: www.worksafe.vic.gov.au Please ask for an interpreter if you need information in your own language.

If I make a WorkCover claim WHAT WILL I BE PAID? Have you completed a Workers’ Injury Claim Form?

You must complete a WorkSafe Worker's Injury Claim Form if you require a) time off work and/or; b) medical treatment because of a work-related injury or illness, and you want to claim weekly benefits and/or medical expenses.

How much can I receive in weekly benefits?

If you cannot go to work, or cannot do your normal job because of work-related injury or illness, then you may be eligible for weekly benefits.

Weekly benefits are based on your rate of pay for the number of hours you normally worked per week, before your injury or illness. Weekly benefits are also influenced by your current work capacity. This establishes whether you can return to some kind of suitable employment, even if it is not the exact job you were doing before the injury or illness. If you can't work at all, you have no current work capacity.

Your work capacity is determined by your doctor, and written on your Certificate of Capacity.

No current work capacity?

If you have ‘no current work capacity' (meaning you cannot do any work because of a work-related injury or illness) you are entitled to receive from your employer’s WorkSafe insurance company (the Agent): For the first 13 weeks

95% of your pre-injury pay, to a maximum of $1,300* a week

14 weeks to 130 weeks

75% of your pre-injury pay, to a maximum of $1,300* a week

After 130 weeks

75% of your pre-injury pay (to a maximum of $1,300* a week) if you still cannot work and this is not likely to change. Payments may continue until retirement age, unless there is a change in your work capacity * Correct at July 2009. This changes every year.

You may also be entitled to make up pay (meaning your employer pays some or all of the difference between the WorkCover payments and your pre-injury pay). This may apply whether you are at home unable to work at all, or whether you have returned to work and are working shorter hours. Please speak to your union delegate or organiser for more information.

Current work capacity?

If you have a 'current work capacity' (which means you can do some work, but more limited than usual) you are entitled to receive:

For the first 13 weeks If you have returned to work:

95% of your pre-injury pay, to a maximum of $1,300* a week, less what you are currently earning a week (see example below);

If you have not yet returned to work:

95% of your pre-injury pay, to a maximum of $1,300* a week.

14 weeks to 130 weeks If you have returned to work:

75% of your pre-injury pay, to a maximum of $1,300* a week, less 75% of what you are currently earning a week;

If you have not returned to work:

75% of your pre-injury pay, to a maximum of $1,300* a week;

An example - for the first 13 weeks Imagine you have a current work capacity, and you have gone back to work part-time. Your pre-injury pay was $600 per week (before tax). 95% of $600 = $570. If you go back to work part-time, and earn $250 a week, your weekly payments from your employer’s insurance company (the Agent) will be: $570

95% of your pre-injury pay ($600/week)

– $250

what you are earning at work per week

= $320

you receive from the insurance company Payments will vary in different situations.

WORKERS’ SAFETY IS IMPORTANT! Make sure unsafe practices at your workplace are fixed

Prevent Injuries!

Make sure your workplace is safe.

Report all injuries & illness, any incidents or near misses.

Raise all unsafe work practices with the union, health & safety representatives and your employer.

Be involved in your workplace and make a difference.

Find out who your occupational health & safety representative is.

If there is no occupational health & safety representative, please contact the union.

Give you advice and support you through the Return to Work process

RETURNING TO WORK AFTER INJURY OR ILLNESS

Inspect your workplace, and make sure it is safe

Make sure unsafe practices at your workplace are fixed

Help you fill out a Worker’s Injury Claim Form

How can the union help you?

Make sure there are elected health and safety representatives in your workplace

Help you negotiate a Return to Work Plan with your boss

Talk to your boss about finding suitable alternate duties for you

Help you go to conciliation through the “union assist” service, if you disagree with decisions about your claim

Textile Clothing & Footwear Union of Australia

WorkSafe Victoria

359 Exhibition Street, Melbourne, VIC, 3000 Phone: (03) 9639 2955 Country members: 1800 800 135 Email: info@tcfvic.org.au

Advisory Line: 1800 136 089 Web: www.worksafe.vic.gov.au

Are outworkers eligible to make a WorkCover Claim?

WorkCover is an insurance scheme that protects employees who have work-related injuries or illnesses. All Australian employers must provide WorkCover for all their employees. WorkCover can pay for medical expenses for work-related injuries or illnesses, and pay employees’ wages if they need to take time off work.

WorkSafe advice for all employees If you have a work-related injury or illness - whether a completely new injury or an aggravation of a pre-existing injury or illness - you may be able to claim WorkCover entitlements. You can claim whether you are permanent or casual, full time or part-time, employed by the people where you work or by an employment agency.

I work at home sewing clothes. Am I eligible to make a WorkCover claim?

If:

• a person or business gives you clothes to work on at home; and • you work on those clothes and then give them back to the person or business

then you may be entitled to make a WorkCover claim against that person or business if you injure yourself while working in your home, or while picking up and returning work to your employer.

Also, if you are employed by a person or business (even if you work from home or other premises), you may be able to make a claim against that person or business.

Even if: • you have an ABN; • you are called a “contractor”; • or you work from home

you may still be able to make a claim.

The following factors may affect your ability to make a claim, but you should seek advice from the union first as you may still be eligible: • you give work out to someone else; • you perform the work with someone else; • you have employees of your own

Everyone’s situation is different. Call the union for advice that is suitable for you.

What if my employer has not provided WorkCover for me?

If your employer has not provided WorkCover for you, you may still be able to make a claim. Contact the union for more information.

For more information, please contact: Textile Clothing & Footwear Union of Australia (Victorian Branch) 359 Exhibition Street, Melbourne, VIC, 3000 Phone: (03) 9639 2955 Country members: 1800 800 135 Email: info@tcfvic.org.au Web: www.tcfua.org.au