When a person is injured at work, it is usually a high priority of both the injured person and the insurance company to seek a return-to-work outcome. However, as the RMB Compensation Law Division explains, it is important to know your rights.
Most workers who are injured want to get back to work if they can, rather than being stuck at home with health issues and frequent medical appointments.
Many people who are used to working hard and providing for themselves and their family find the compensation process involving an insurer difficult and daunting. It is however not always possible to get back to work, as some injuries can be serious and permanently disabling.
As part of the workers compensation process, an injured person has an obligation to try and minimise their loss, which usually involves following doctor’s advice and having therapy and exercises to help them recover from their physical or psychological injury, leading to a potential return to work.
The insurer will try and help by preparing return to work plans which show the goals of all participants in the process. They will also often appoint a rehabilitation adviser to assist. The State Insurance Regulatory Authority provides guidance on such advisors is at the website: What to expect from your workplace rehabilitation provider - SIRA (nsw.gov.au)
The rehabilitation process can be difficult for injured workers. Often they find they have a shadow at their medical appointments, talking to their doctors and being fully involved in the medical treatment process.
This can lead to an injured person feeling unsupported and pressured, which does not assist with good health or recovery from an injury.
Injured workers who are experiencing concerns about a rehabilitation provider:
- Have the right to choose their own rehabilitation provider and do not have to accept the provider the insurer has allocated;
- Have the right to their own time with their treatment providers, so while the rehabilitation provider can attend case conferences there is no reason they should be at every appointment;
- Have the right to request that a different rehabilitation provider be appointed.
If you have concerns with your rehabilitation providerexperienced secual abuse at any stage of your life, your first step should be to contact our office to arrange a free consultation. RMB Lawyers have experienced lawyers and accredited specialists in Personal Injury Law across regional NSW.
We can assist you or your family with your workers compensation claim and ensure the claim and rehabilitation process is as supportive, with your rights clearly explained. You can contact us by by phone or our 'Ask a Question' tool on our website.