Understanding Your Entitlements
Post-Employment Compensation
Your entitlement to compensation doesn't cease automatically when your employment ends, be it due to lawful dismissal or stand down. Insurers bear the responsibility of continuing compensation payments, providing rehabilitation, and fostering return-to-work opportunities even after your employment concludes with an open workers' compensation claim.
Insurer's Role in Compensation Review
Obligations and Responsibilities
Insurers possess the authority to periodically review your compensation entitlements. These reviews may result in adjustments, whether increasing, decreasing, suspending, or terminating compensation. Importantly, any changes must align with the obligations set forth in workers' compensation laws.
Your Rights as an Injured Worker
Flexibility in Compensation Review
Your compensation entitlements persist post-employment termination. The Act specifies conditions for modifying weekly compensation payments, emphasizing that your entitlement can only be terminated or suspended following the Act's guidelines. Until then, the obligation to provide compensation and rehabilitation remains with the insurer.
Serious Consequences of Non-Compliance
Compliance and Enforcement
Adherence to workers' compensation laws is paramount. Non-compliance is met with serious consequences, including regulatory actions aimed at ensuring insurers fulfill their obligations.
Determining Weekly Compensation Limits
Section 147: Injury Impact
Your weekly compensation should not exceed what you would have received if the work-related injury hadn't occurred. This includes consideration not only of your pre-injury earning potential but also the scenario where the injury didn't happen, and you remained at work.
Limitations on Provision Use
This provision doesn't serve as a means to reduce, terminate, or suspend your weekly compensation in cases of dismissal or stand down.
Partial Incapacity Entitlement (Section 162)
Calculating Loss of Earnings
If you're partially incapacitated and not employed, loss of earnings is computed based on a reasonable expectation considering your incapacity and the availability of employment. This extends beyond your current position, encompassing vacancies within your employer's network or with other accessible employers in your local area.
Insurer's Responsibility for Rehabilitation (Section 220)
Securing Your Rehabilitation
Insurers are obligated to take practicable steps to secure your rehabilitation and facilitate an early return to suitable duties. This commitment persists even if your employment concludes, potentially involving host employment opportunities or retraining programs.
Your Role in Rehabilitation (Section 232)
Participation Requirement
Your active participation in rehabilitation is crucial. If you refuse without a reasonable excuse, your entitlement to compensation may be suspended. However, if your employment ends, and complying with rehabilitation becomes unreasonable, the insurer must arrange alternative rehabilitation measures.
Accessing More Information
Stay Informed
For additional information or clarifications on your rights and entitlements, contact Workers' Compensation Regulatory Services at 1300 362 128. Your understanding of these intricacies is vital in safeguarding your well-being and rights following a workplace accident.