Resolving issues that can arise in the RTW ProcessRTW Process

Return to Work Forum 2014

Types of issues that can impact• Strictly RTW issues

• Jargon and confusing process

• Time frames

• Poor communications and making of assumptions

• Manager and co-workers not wanting IW at work or making assumptions about restrictions and validity of claim

• IW wanting to keep restricted duties as normal job

• IW feels doesn’t belong, not valued – doesn’t want to come to work

• IW making decisions about capabilities

• Performance issues

• Behavioural issues

• Financial issues

• Personal issues

Strictly RTW issues• ‘Steps to resolving return to work issues’ April 2011 WorkSafe Vic

• Ministerial Direction, RTW Direction NO. 1 of 2010, Accident Compensation Act 1985 (Vic)

• Provide guidelines for developing own RTW Issue Resolution Procedure

• Procedure should set out:• Procedure should set out:

- Procedure for reporting incidents (what type of issue, who can report, how, by when, to whom)

- Procedure for resolving issues (who has what responsibilities, , meetings, documentation)

(Where the issue is not about Worksafe, the authorised agent, claim liability, payment of benefit/entitlement/expenses, termination/suspension of claim, conciliation or general matters that apply across the workplace not directly RTW)

Strictly RTW issues• employer unreasonably delays or refuses to plan a worker’s RTW

• employer inadequately plans a worker’s return to work

• worker does not agree with the employer’s proposed suitable employment and/or return to work arrangements

• employer refuses to offer worker suitable employment

• employer refuses to provide or provides inadequate return to work • employer refuses to provide or provides inadequate return to work related documentation to a worker

• RTW Coordinator is not nominated and appointed within the required timeframe or not considered to have adequate knowledge

or seniority to perform function

• employer breaches the confidentiality of a worker’s personal information as it relates to return to work

• employer refuses to consult or consults inadequately with other parties about the return to work of a worker.

Strictly RTW issues - resolution

• Must convene a meeting as soon as possible but within 20 days after issue reported

• Discussions – reasonable, respectful, only relevant issues, options generated and discussed, aim is resolution

• Documentation – RTW Co-ord provides written summary to all • Documentation – RTW Co-ord provides written summary to all parties present at meeting within 14 days of final meeting

• Suspension of meeting – meeting can be delayed, reconvened or suspended for Occupational Rehab to facilitate meeting

• No outcomes – assistance from Insurer or Worksafe Advisory Service

Impacts

• These types of issues impact significantly on RTW and should be addressed immediately

• Strained relationships

• Secondary psych injuries to IW

• Frustration by Managers and/or co-workers• Frustration by Managers and/or co-workers

• Increase in time frames

• Poor claims outcomes with financial impacts

Prevention

• Preference is to use effective case management to avoid issues arising

• Sell the benefits of RTW to all – engage, over communicate, motivate, be positive

• Overcome challenges of poor ‘buy-in’ by leaders, managers • Overcome challenges of poor ‘buy-in’ by leaders, managers and IW

Types of issues that can impact• Strictly RTW issues

• Jargon and confusing process

• Time frames

• Poor communications and making of assumptions

• Manager and co-workers not wanting IW at work or making assumptions about restrictions and validity of claim

• IW wanting to keep restricted duties as normal job

• IW feels doesn’t belong, not valued – doesn’t want to come to work

• IW making decisions about capabilities

• Performance issues

• Behavioural issues

• IW Financial issues

• IW Personal issues

A need to build respectful workplaces• Constructive workplaces – respectful, affiliative, positive, outcome

and achievement focused

• Safe workplaces – put focus on physical and psychological safety and employee well being

• Abide by legislation• Abide by legislation

• Have detailed and supportive policies already in place

• Have values statements and ensure these are embedded in culture

• Care about efficiency & productivity and worker engagement & satisfaction

• Address conflict and complaints early

Case Studies

Workplace Conflict Resolution

• 1300 227 901

• enquiries@wpcr.com.au

• www.WorkplaceConflictResolution.com.au