Employers are tasked with the responsibility of ensuring that the workplace is safe. However, should an injury occur at the workplace, it is still the duty the employer to follow the stipulated procedures and ensure the process proceeds smoothly.The responsibilities of the employer
In the event of a psychological injury claim the employer should;
- Acknowledge in writing the receipt of a claim
- Complete the Employer Injury Claim Report
- Lodge the claim
- Offer support to the worker while they are off work
- Develop a return to work plan
- Follow up on the process
Psychological injury claim process
Once a claim has been filed, it will go through a review process as outlined in the Worker’s Compensation and Rehabilitation Act. Psychological injuries sustained as a result of ‘reasonable management action’ are excluded from compensation. Such actions include the transfer, redeployment, demotion and dismissal of an employee. Decisions not to award promotion, benefits or leave of absence to employees also fall under this category.
The employee is entitled to a decision on the claim within 20 working days. During this time, one can communicate with the employer about any psychological injury entitlements as they await the decision. Any treatments undertaken by the employee cannot be paid for until a final decision is made. However, once the claim has been accepted, the employee should be reimbursed in full.
At Recovery Partners, we understand that psychological injuries can significantly impact on a worker’s life at home and work, as well as the employer’s business. Our team is well placed to offer the best legislative advice on psychological claims as well as rehabilitation programs to help get workers back to work within the shortest possible time.
If you’re interested, you can make an online enquiry here. Alternatively, our consultants love to have a chat, so give us a call on 1300 OHS RTW (647 789).
Disclaimer – these articles are provided to supply general safety information to people responsible for OHS in their organisation. They are general in nature and do not substitute for legal and/or professional advice. We always suggest that organisations obtain information specific to their needs. Additional information can be found at www.workcover.nsw.au
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