Workers' Compensation

If an accident or injury has occurred, the most important thing is the employee’s health and ensuring they receive appropriate treatment.

Register the injury

Any injury or illness must be recorded in the school’s Register of Injuries by the injured employee or by someone on their behalf.

A Register of Injuries can be a hard copy register or electronic file where all workplace injuries or illnesses are recorded. The Register of Injuries must include the following information:

• the employee’s name
• the employee’s main occupation
• time and date of the injury
• employee’s location at the time of the injury
• names of witnesses, if any, to the injury
• date on which the entry is made
• name of the person making the entry.

Notify WorkSafe Victoria

Schools must report incident(s) to WorkSafe Victoria immediately on 13 23 60 if:

• medical treatment is provided by a doctor (e.g. fractures, administration of a drug or medical treatment)
• the employee receives immediate treatment as an in-patient in a hospital
• the employee dies.

A completed Incident Notification Form must be sent to WorkSafe Victoria within 48 hours and a copy of the completed form kept by the school for five years.

If you are unsure, call WorkSafe Victoria immediately to discuss notification requirements. 

Does the employee want to lodge a Workers’ Compensation claim?

If the injury has caused the employee to be absent from the workplace or has resulted in serious health issues, the employee may wish to lodge a Workers’ Compensation Claim.

If the employee is absent from work due to an injury, the school must record the employee as being on personal (sick) leave until the claim has been accepted.  If the employee has no personal leave entitlements, the injured employee should use annual or long service leave (only after discussion between employee and employer) then use unpaid persona leave if no entitlements remain.

If the injured employee chooses not to lodge a Workers’ Compensation Claim, the school must provide them with support to return to work as soon as possible (ensure a medical clearance or medical restraints certificate is provided prior to their return to the workplace). 

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To accept an employee’s Workers’ Compensation Claim the school must ensure that:

• the injured employee has completed a WorkSafe Worker's Injury Claim Form
• the school acknowledges, in writing, that they have received the claim form. This may be done by giving the employee a copy of the form when they have completed their section.

The school must also complete a WorkSafe Employer Injury Claim Report.

Lodging the claim

The following documentation must be submitted to the school’s Workers’ Compensation Insurer via email or post:

• the employee’s WorkSafe Worker's Injury Claim Form
• the WorkSafe Employer Injury Claim Report
• the injured employee’s Certificate of Capacity.

Note: A Certificate of Capacity is used by the Workers’ Compensation Insurer and the school to determine an employee’s capacity for work and the nature of their injury. Certificates are issued by a registered medical practitioner. An injured employee must have a Certificate of Capacity to receive loss of income compensation.

The school must lodge all forms within 10 calendar days, including school holiday periods, once the claim form has been received from the employee.

Claim decision

Within 28 days, the Workers’ Compensation Insurer will notify the school of the decision of the claim.

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If the employee needs time off work, modified duties or varied hours, they must provide the school with a Certificate of Capacity.

Pay initial time off work

If the employee’s claim is accepted, the school is liable to pay the first 10 days of their incapacity. After the first 10 days have been paid, the Workers’ Compensation Insurer will reimburse the school for any further weekly payments made to the employee before they return to full duties.

If the Workers’ Compensation Claim is accepted by the Insurer, the school must re-credit any leave that has been deducted from the employee since the date of injury for dates covered by a valid certificate of capacity.

The insure will only reimburse 95% of the employee's pre-injury average weekly earnings for the first 13 weeks, following this the insure will reimburse 80% of the employee's pre-injury average weekly earnings.

Accident make up pay (if applicable)

Under clause 46 of the Victorian Catholic Education Multi Enterprise Agreement 2013 (VCEMEA), the school is responsible for making up the difference between the weekly benefit paid if an employee is absent from work due to the accepted illness or injury. This make-up pay lasts for a period of 26 calendar weeks from the date of injury.

Pay initial medical expenses

The school is liable for the Workers’ Compensation excess (which changes annually) for the costs of medical treatment provided to the employee. The school must keep copies of all invoices or receipts and forward them to the Workers’ Compensation Insurer once the excess amount has been paid.

Stay in touch

If the employee requires time off work, the school should stay in touch with the employee while they are absent and discuss what they can do at work rather than what they can't. Once the claim exceeds 52 weeks the obligations of the school may need to be reviewed; schools are encouraged to seek appropriate advice. 

Forward any certificates of capacity to the Worker’s Compensation insurer

Forward all Certificates of Capacity to the Workers’ Compensation Insurer as soon as the school receives them. This allows the Workers’ Compensation Insurer to keep track of how much the school has paid the employee and to make any adjustments, as the level of weekly payments decreases over time.

If the claim has not been accepted

If the employee’s Workers’ Compensation claim has not been accepted, contact the Workers’ Compensation Insurer for further information and options for both the school and employee.

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