RETURN TO WORK ACT 2014 - SECT 15
RETURN TO WORK ACT 2014 - SECT 15
(1) A worker who has
suffered a work injury is entitled to expect—
(a)
early intervention by the Corporation in providing recovery and return to work
services; and
(b) the
Corporation to actively manage the worker's injury and claim and to provide
services in a manner consistent with the requirements of this Act; and
(c) his
or her employer to participate and cooperate in assisting the worker's
recovery and return to work and to reasonably support the worker in receiving
any benefit available under this Act.
(2) A worker may
reasonably request the Corporation to review the provision of any service to
the worker under this Act or to investigate any circumstance where it appears
that the worker's employer is not complying with any requirement of this Act
as to the retention, employment or re-employment of the worker.
(3) A worker who has
suffered a work injury must, in a manner consistent with the objects of this
Act—
(a)
participate in all activities designed to enable the worker to recover and
return to work as soon as is reasonably practicable; and
(b)
without limiting paragraph (a)—
(i)
participate and cooperate in the establishment of a
recovery/return to work plan; and
(ii)
comply with obligations imposed on the worker by or under
a recovery/return to work plan; and
(c)
ensure that the Corporation is provided with current medical certificates (in
the designated form provided by recognised health practitioners) with respect
to any incapacity for work for which weekly payments are being made to the
worker under this Act so as to provide evidence to support the continuation of
those payments; and
(d)
return to suitable employment when reasonably able to do so; and
(e) take
reasonable steps to mitigate any possible loss on account of the work injury.
(4)
Subsection (3)(a), (b) and (d) will not apply in relation to a
seriously injured worker (who may decide the extent to which he or she will
seek to participate in any processes designed to have the worker return to
work).
(5) This section does
not give rise to substantive rights or liabilities (but nothing in this
section detracts from rights or liabilities established or prescribed under
other relevant provisions of this Act (including section 16)).