Revision (Modules 1-11) Flashcards
(30 cards)
What is workers’ compensation? What does it include?
compensation payable to or in respect of workers who suffer an injury (Workers’ Compensation and Injury Management Act 1981 [WA]) – financial compensation of workers who become injured or ill in the course of/as a result of work. It may include compensation for:
- loss of earnings
- permanent impairment
- medical expenses
- workplace rehabilitation
Who can claim workers’ comp.?
any worker who suffers a work-related injury or disease requiring medical treatment or time off work is entitled to claim workers’ comp. regardless of who is at fault
What is injury management?
management of workers’ injuries in a manner at enabling injured workers to return to work, and specialised re-training programs for injured workers (Workers’ Compensation and Injury Management Act 1981 [WA])
Why do people work?
The primary motivation is money, but we are also motivated to work by challenge, identity, pride etc. Attitudes towards work also differ between cultures and generations
What are the health benefits of working?
- ensures some physical activity is undertaken (may depend on the job)
- sense of community/social inclusion
- workers feel that they are contributing to their families and society
- gives structure to days/weeks
- decreased likelihood of engaging in risky behaviour e.g. binge drinking
In general, the benefits of work outweigh the risks
What is law?
A combination of Commonwealth legislation, State/Territory legislation and common law/case law
What is common law? What is its role in OHS?
Common law is law made by court decisions.
• common law requires damages to have occurred, which is not necessary for OSH prosecutions
• under common law, the employer must take reasonable care for health and safety, with this duty being implied in a contract of employment. If this duty isn’t met, they could be held to be negligent, and the employee could commence a civil lawsuit for a negligence claim
• common law aims to compensate the affected person, not punish the negligent party, so the amount of compensation/damages depends on the extent of injury/harm, not the degree of neglect
What is the difference between common law and workers’ comp.?
Workers’ comp. is a no-fault system, while common law claims require the employee to prove fault (negligence) on the part of the employer. For a common law negligence claim:
- in general, the injured person must have sustained a 10-15% permanent impairment (varies from state to state)
- there are time limits regarding when common law claims can be commenced (in WA, it must commence within 1 year of the start of the workers’ comp. claim)
- an award of damages may affect ongoing workers’ compensation claims
- in some jurisdictions, there may be caps on damages
What is WorkCover? What are some of its roles?
WorkCover aims to provide a WC scheme. Its roles include:
• provides info. /education on all aspects of the WC insurance scheme
• provides IM and vocational rehabilitation of injured workers
• researches and provides stats on rehabilitation, injury prevention and noise-induced hearing loss
• monitors workers to ensure that they are insured for workers’ comp. to their full liability in accordance with the Act
• regulates and monitors the performance of service providers to ensure they deliver an appropriate standard of service to workers and employers
• ensures all workers employed in a prescribed noisy workplace have hearing tests
• provides conciliation and arbitration services to resolve disputed WC matters
• registers agreements where parties agree to settle for compensation claims, or determination of the worker’s impairment prior to civil action
In simple terms, what is a work-related injury/illness?
- an injury resulting from work
- disease due to the nature of work – see Schedule 3
- pneumoconiosis, mesothelioma, lung cancer or diffuse pleural fibrosis
- recurrence, aggravation, or acceleration of a pre-existing condition
Define Musculoskeletal Disorder (MSD).
An injury to, or disease of, the musculoskeletal system, whether occurring suddenly or over time, but does not include an injury caused by crushing, entrapment or cutting resulting principally from the mechanical operation of plant - Model WHS Regulations 2016
Explain the Biopsychosocial approach.
proposes that biomedical explanations alone are not sufficient for understanding the cause of either good or ill health. Instead, biomedical, psychological and social factors all play a role in human responses to illness and disease. It helps identify both contributing factors to an injury/illness, as well as factors that may act as barrier to recovery, and how these can be managed
Outline the steps of initiating a WC claim.
- apply first aid to the worker and report the injury through the injury reporting system
- get the worker to see a Dr of their choice and ask the worker to obtain a First Certificate of Capacity from the Dr
- provide the worker with a WC claim form and ask them to fill out the workers’ section
- obtain the completed claim form and capacity form. Complete the employer section of the claim form (ensure the employer and worker both have copies of these)
- complete an employer report form provided by your insurer
- submit a capacity form and claim form within 5 days of receiving from the worker
Explain the role of conciliation and arbitration in a WC claim.
Both aim to resolve disagreements about weekly benefit amounts, RTW programs, medical expenses etc.
• the first step should be to try resolve the issue through negotiation. If this fails, conciliation is the next step. A conciliation officer from the Workers’ Compensation Conciliation Service (WCCS) is assigned. Agreement is sought through a conciliation conference, but the conciliation officer also has some power to direct the payment, suspend or reduce entitlements
• if conciliation fails, arbitration is the next step. The Workers’ Compensation Arbitration Service (WCAS) provides an arbitrator who will make a binding decision for the parties
What are the principles of injury management?
- recognising that the primary stakeholders of IM are the injured worker/s and employer
- the expected outcome is maintenance in/ a safe return to work
- medical practitioners and employers play a central role in the decision-making of returning to work
- focus of all services should be workplace-based
- the IM process should be transparent, effective and cost-effective
- early intervention is critical for a better outcome
- when vocational rehabilitation is required, all parties should be involved in a joint and transparent decision-making process
Outline the role of the IM coordinator.
- as soon as possible, assess the worker’s situation and make a plan for intervention
- medical certs. and claim forms should be reviewed and responded to as appropriate
- ensure the worker is aware of their rights/responsibilities, and coordinate the RTW process
What are the requirements of an IM system, according to the Code of Practice?
an IM system must be in writing and must have been established prior to an injury. It must include:
• a description of the steps the employer will take when an injury occurs at the employer’s workplace
• details of the person who is to have day-to-day responsibility for the IM system, and how to contact that person
** IM system must be available to any employee that request a copy
What is a Return to Work Program (RTWP)? When is one required?
an individualised plan for coordinating and managing the return to work of an injured worker. A written RTWP must be developed when the treating doctor:
• advises you in writing that a RTWP should be established
• signs a certificate of capacity indicating that the worker has partial capacity to return to work
• signs a certificate of capacity indicating that the worker has total capacity to return to work, but for some reason is unable to return to the position held immediately prior to the injury
List examples of biological, psychological and social factors that may act as barriers to RTW.
physical - pre-existing conditions, nature of the injury, health status, pathology
psychological - beliefs about behaviour and the injury (especially those related to work), coping strategies, passive role in recovery
social - organisational and system obstacles, lack of social support, non-English speaking
What is an Approved Workplace Rehabilitation Provider?
person approved by WorkCover under section 156 as a vocational rehabilitation provider, and has the qualifications, experience and expertise to provide timely intervention, with services based on the assessed need of the worker and the workplace
What is workplace rehabilitaion?
in relation to a worker who has suffered an injury compensable under this act, means the provision to the worker of prescribed services, according to the worker’s assessed needs, for the purpose of enabling the worker to RTW
Describe a workplace rehabilitation model.
involves a designated workplace rehabilitation consultant responsible for coordinating services that are designed to achieve a cost-effective, safe, early and durable RTW for the injured worker. Workplace rehab. is delivered based on an assessment of needs, planning, implementation, review and evaluation
What types of services can Workplace Rehabilitation Providers provide?
functional capacity assessment, ergonomic assessment, job demands assessment, workplace assessment, psychological counselling, job seeking activities etc.
What is Occupational Noise-Induced Hearing Loss?
Permanent hearing loss due to the destruction of cells in the inner ear, resulting to continuous or one-off exposure to hazardous noise at work.
