Putting you first at the centre of what we do. Keeping you healthy and safe at work. Supporting you when you are harmed at work. Ensuring your scheme works and is sustainable.
Responsibility and authority to act - Rights and responsibilities of injured workers
Why is this important?
Injured workers need to be advised of their rights and responsibilities in relation to return to work.
Injured workers have the following rights and responsibilities in relation to return to work:
- injured workers must undergo an assessment of their capability to undertake a rehabilitation program when a referral is made. Refusal to participate in the assessment can result in a suspension of rights to compensation (see s. 36 of the Safety, Rehabilitation and Compensation Act 1988 (SRC Act))
- injured workers must participate in a return to work program unless they have a reasonable excuse. Failure to participate without reasonable excuse may result in suspension of rights to compensation (see s. 37 of the SRC Act)
- injured workers may disagree with their return to work plan and have a right to ask that the determining authority (e.g. Comcare or the licensee)reconsider the employer's determination that they undergo a return to work program (see ss. 38 and 62 of the SRC Act).
Employers are obliged to advise injured workers of their rights and responsibilities.