Early Intervention and Employee Assistance Programs
This information is directed at employers and covers early intervention programs (EIPs), employee assistance programs (EAPs), and the associated obligations under workers' compensation laws.
EIPs and EAPs offer workers access to medical and allied health treatment, providing support to diminish the likelihood, severity, and impact of injuries.
These programs encompass preventive treatments and other services aimed at enhancing the general health and well-being of workers. Additionally, they offer services to assist a worker in the initial stages of a work-related injury, which may include medical and allied health services such as physiotherapy, as well as counseling and other psychological services.
EIPs and EAPs have demonstrated benefits for both workers and employers, serving as a valuable complement to the workers' compensation scheme by preventing work-related injuries and delivering early treatment while a compensation claim is being processed.
It's important to note that these programs cannot be used to substitute or bypass the workers' compensation scheme.
Who is responsible for compensation?
Workers' compensation laws outline the entities responsible for compensating workers injured at work in Queensland.
Compensation may include:
Weekly benefits designed to compensate the worker for lost wages or income due to time off work resulting from a work-related injury. Medical and other treatment costs to address the work-related injury. Rehabilitation costs to facilitate the worker's return to meaningful work. According to Queensland's workers' compensation laws, insurers are obligated to pay compensation.
You can only provide compensation (or an amount in lieu of compensation) to or on behalf of a worker if:
The worker has submitted an application for compensation, and You have fulfilled your injury reporting obligations (refer to Reporting of injuries under the Workers' Compensation and Rehabilitation Act 2003 for more details). If these conditions are met, you can offer compensation (or an amount in place of compensation) until the application is accepted by the insurer, at which point the insurer takes over these payments.
If the insurer denies the worker's compensation application, you may choose to permit the worker to continue accessing employer-funded support.
Refer to section 109, Workers' Compensation and Rehabilitation Act 2003 (Qld), for additional information.
What are EIPs and EAPs?
The following checklist will guide you in self-assessing your EIPs and EAPs and their interaction with your workers’ compensation obligations.
Scope | The EIP/EAP for work-related injuries should:
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| The EIP/EAP should complement the workers’ compensation scheme’s goals of:
The EIP/EAP should not replace or circumnavigate the workers’ compensation scheme if a worker has sustained a work-related injury. |
Election | The EIP/EAP should not require the worker to make an election and/or give any suggestion, either express or implied, that a worker cannot make a claim for workers’ compensation if they choose to access treatment via the EIP/EAP. |
Workers’ rights | If you have a reasonable belief that a worker may have a work-related injury, they should be advised:
You should keep a written record of the advice you provide. |
Payment of treatment, care or support services | An EIP/EAP that assists in treating minor injuries should cap the services that the worker can access to a number that may reasonably be expected for the treatment of a minor injury. |
Payment of wages | The EIP/EAP (or any other employer-provided program) should not make any payments in place of wages/income to a worker who requires time off for a work-related injury where a worker has not made or is not making a workers’ compensation claim. This does not include workers choosing to access their own sick leave entitlements. |
How does an EIP or EAP align with workers’ compensation obligations?
If a worker has submitted an application for compensation:
During the claim processing period, a worker can utilize treatment through an employer-funded EIP or EAP. It is crucial to report the various payments made to the insurer during this period.
If a worker experiences an injury in the course of employment and has not filed an application for compensation:
You are obligated to report the injury to the employer's insurer. Any treatment or support provided for the injury should fall under an EIP or EAP. Failure to adhere to these requirements may result in non-compliance with your workers’ compensation obligations.
The response from the Office of Industrial Relations in such instances will be determined by assessing:
the severity of the injury the nature of the treatment or other payments made (e.g., wage replacement) a worker’s right not to file a claim for workers’ compensation and the timeframe within which a worker can submit an application for compensation whether there is any explicit or implicit threat of reprisal against the worker for filing a claim or any other deterrent to filing a claim.
For more information
- seek independent legal advice
- contact the Office of Industrial Relations on 1300 362 128.