Support your workers during COVID

Prioritise safety

If your worker has been working from home or not working at all during the pandemic, it will be essential to provide them with information and training on any changes to equipment, work practices and systems, especially any COVID-19 safety measures.

If your worker is working from home, they may not have access to the same type of office furniture and equipment they had in the office. Have them complete a SafeWork NSW working from home checklist and discuss their equipment needs.

If equipment is required, financial assistance may be available through SIRA’s equipment and workplace modifications program.

Encourage your worker to maintain their normal activities of daily living or start a home-based exercise program, within physical distancing restrictions and in consultation with their treating medical and health practitioner(s).

Stay connected

If your business remains closed, your worker is working from home or currently has no capacity to work, keep in touch with them regularly via phone, video conferencing and online messaging platforms.

If they are working remotely, consider routinely checking in and scheduling activities such as sharing a virtual lunch or team activities like mindfulness sessions.

Be positive, accepting, and encouraging. Take the time to listen and ask what would help them feel more supported.

Recognise behaviour changes or signs as your worker may be feeling overwhelmed, isolated, scared, confused or angry.

Know your limitations and when to seek outside support. If your worker needs professional support, encourage them to talk to their treating doctor or insurer about what services may be available to them.

Mental health and wellbeing support services

Looking after your mental health is as important as looking after your physical wellbeing.

Here are some free mental health services you can reach out to for support on those harder days.

Supporting workers with a covid related claim

COVID-19 presumption for certain workers

Presumptive rights to compensation exist for certain workers who contract COVID-19. The changes mean that workers in prescribed employment who are diagnosed with COVID-19 are automatically presumed to have contracted the disease in the course of their employment (note that the presumption may be rebutted if established that the contraction of COVID-19 is not related to work or employment).

Eligible workers are also presumed to be incapable of work until 21 days from the date of injury, or if the worker still has COVID-19 at this date, until the date marking the end of the worker’s incapacity on the worker’s certificate of capacity.

When your worker is diagnosed with COVID-19

As an employer, you must notify your workers compensation insurer of any workplace injury or illness within 48 hours. This includes COVID-19 infection.

You must also notify SafeWork NSW of any hospitalisation (where treatment as an in-patient in a hospital is required), and any fatality, where the worker contracted COVID-19, or is likely to have contracted COVID-19, at the workplace. Refer to the SafeWork NSW website for more information.

Legislative amendments in May 2020 established a presumption that workers in prescribed employment will automatically be presumed to have contracted the virus at work.

Once a notification is made, the insurer will determine whether the worker is in ‘prescribed employment’ and whether the presumption applies. If no further information is required, or the presumption does not apply, the insurer will commence weekly payments of compensation within 7 days of notification unless they have a reasonable excuse not to.

If you have not been notified of the insurer’s decision within 7 days, contact your insurer in the first instance, you can however contact SIRA for additional help on 13 74 72 or by email at [email protected].

If your worker has adverse reaction following COVID-19 vaccination

In some circumstances, an adverse reaction to the COVID-19 vaccination may be a compensable workplace injury.

If your worker wishes to make a workers compensation claim due to the adverse reaction, contact your insurer within 48 hours of becoming aware of the illness or injury.

Refer to the SafeWork NSW, Safe Work Australia and the NSW State Government for advice regarding staff vaccination requirements.

COVID-19 related psychological injuries

The COVID-19 pandemic has created a challenging situation for many employers, including the introduction and increase in a range of psychosocial hazards in the workplace.

Psychosocial hazards arising from COVID-19 include, but are not limited to:

• the concern about exposure to COVID-19 at work
• changed workplace arrangements
• increased work-related violence or aggression from patients, customers or members of the public
• increased workloads, and
• isolation from co-workers.

Workers may have a physical, mental and/or emotional reaction to these hazards and where this is prolonged or severe, lead to a psychological injury.

As the employer if you are notified of a psychological injury, you must notify your insurer within 48 hours.

Notifications can be written (including by email) or verbal (including by phone).

For the workers compensation claim to be compensable, work must be proven to be the main contributing factor to the worker sustaining the psychological injury.

The insurer will assess each claim on its individual merits and will respond to you and your worker within 7 days.

For information on how to manage mental health and address COVID-19 related psychosocial hazards and risks, refer to Safe Work Australia.

Supporting workers with a work-related injury during the pandemic (including COVID related claims)

Supporting your worker when they are experiencing a difficulty in obtaining a Certificate of Capacity

We’ve made some changes to make getting a certificate of capacity easier during the pandemic:

If your worker’s nominated treating doctor thinks it is appropriate, certificates of capacity can now be issued via a telehealth consultation. This is a consultation by either video or telephone conference.

SIRA-approved treating physiotherapists and treating psychologists can issue second or subsequent certificates of capacity. Your worker’s first certificate of capacity must still be issued by a doctor. However, a treating physiotherapist or psychologist can assess injuries within their area of expertise and issue the second and subsequent certificates to a worker.

A certificate of capacity can also be issued for periods greater than 28 days. The health practitioner issuing the certificate must specify the special reason/s supporting this approach. If the insurer is satisfied with the special reason/s provided, they will accept a certificate greater than 28 days.

If your worker is still unable to obtain a certificate, you should contact the insurer and explain why the worker is unable to provide a certificate of capacity. The insurer will advise you what is required.

Know your worker’s current capacity for work

If your worker has not been working or working from home performing ‘lighter’ tasks than usual, their capacity may have changed.

It is important to review your worker's capacity as stated on their certificate of capacity and have a discussion with them about accommodations they may need in the workplace. Focusing on what they can do rather than what they can’t will help with the identification of suitable work and the development of a recovery at work plan.

If you need further advice to understand your worker’s capacity contact their doctor or treating health professional(s).

Early contact with the doctor demonstrates your commitment to your worker’s recovery and gives you an opportunity to discuss your worker’s normal duties and the availability of other duties.

Consider the availability of telehealth as an option for having a safe and inclusive discussion with the doctor and your worker.

Match your worker’s current capacity to the job demands

The impact on a worker’s recovery of having an extended period off work or performing sedentary work from home needs to be considered when planning for their return to your business.

Your worker may need to progressively increase their work demands and modify some activities and postures for a while to account for any reduced activity that resulted from their absence from the workplace.

Discuss with your worker whether reduced work hours or alternate days, different tasks or jobs, and/or equipment or workplace modifications would help them to safely return to the workplace.

Document any decisions in a recover at work plan and discuss with your worker who in the workplace will need this information.

Determine the need for a workplace assessment

Because every injury, recovery and workplace is different, there’s no ‘one size fits all’ solution for what tasks will be suitable for your worker.

As you plan for your worker to return to the workplace and contribute to the re-opening or upscaling of your business, you and your worker may have difficulty identifying suitable work that is within their capacity. A workplace assessment may help.

Conducted by an approved workplace rehabilitation provider, a workplace assessment will assess your worker performing duties and tasks to determine those they can perform safely within their current capacity and identify tasks that can be utilised over time as their capacity improves.

Results from the assessment can be discussed with your worker and their doctor and used to develop a recover at work plan.

So that your business needs are met and you’re able to accommodate the proposed plan, it’s important that there’s someone from your business on site to be part of the assessment.

Speak to your insurer if a workplace assessment would be helpful.

Make modifications to your workplace

Making simple changes and modifications to your workplace might mean your worker can return to the workplace sooner.

Equipment may help to remove the manual aspects of a task such as lifting, bending or twisting, or may modify a task so as it fits the worker's current work capacity.

If equipment or workplace modifications are required, financial assistance may be available through SIRA’s equipment and workplace modifications program.

Understand fears and concerns

Resuming work is important to both physical and mental recovery, however a worker may be fearful of aggravating their injury, or depending on the nature of your business, concerned about the risk of contracting COVD-19.

Returning to or resuming more work, may initially result in slight changes to pain and discomfort levels due to the increase in physical activity, but will still result in a faster recovery from symptoms, less chronic disability and less time off work.

Identifying suitable work and developing a recover at work plan in consultation with your worker will provide reassurance and foster a positive approach to the recovery process.

If your worker has capacity to work and, despite your reassurances and support, is reluctant to return to work, contact your insurer to discuss options.

Your insurer may suggest the assistance of a workplace rehabilitation provider who can facilitate the recovery at work process or the use of the Connect2work program to offer an opportunity for the worker to improve their capacity at an alternative workplace.

Explore alternatives

Evidence shows a worker’s recovery is better when they can recover at work.

An unnecessary delay in returning to work is often associated with delayed recovery - the longer a worker is away from work, the less chance they have of ever returning.

It’s important for you to take action early if you are unable to offer suitable work or continue to support your worker’s recovery at work plan.

Speak to your worker and insurer about alternatives, such as engaging an approved workplace rehabilitation provider.

SIRA has a range of programs that injured people can access to continue suitable work for example, funded training to develop new skills and qualifications or voluntary short-term work arrangement. For more information on these programs visit SIRA funded programs.

Speak with your insurer or contact us. For more information, refer to When a worker is injured: A workers compensation guide for employers.

If your worker can't return to work

It can be unclear with long-term injuries when your worker will be able to return to their pre-injury job.

If medical information suggests your worker will never be able to return to their usual role, and you can't offer them a permanent alternative job, contact your insurer to discuss next steps.

In some cases, your worker maybe able to access a funded training program to help them develop new skills or qualifications to assist with gaining new employment.

SIRA also offer financial incentives for new employers to employ workers who cannot return to work with their pre-injury employer.

SIRA has a vast amount of information to assist employers to support their workers to recover at work.

Terminating an injured worker in a COVID-19 environment

Employers may need to stand down or end their worker’s employment during the COVID-19 pandemic for a number of different reasons, including:

the business has closed

there is insufficient work available, or

the employer has qualified for JobKeeper.

In these circumstances employers should familiarise themselves with the information available on the Fair Work Ombudsman website and seek appropriate advice where required.

In NSW, there are legislated protections in place for workers against dismissal because of a work-related injury or illness within 6 months (or the length of any accident pay in the worker’s award or agreement) after the worker first became unfit for employment.

If an employer dismisses a worker because of a work-related injury at any stage during the workers compensation claim, the worker may apply to the employer to be reinstated. The Industrial Relations Commission may also order reinstatement.

If the employer replaces the worker within 2 years of dismissing them, the employer must inform the replacement worker that the dismissed worker may be entitled to be reinstated to the role.

Employers should contact their insurer and discuss their legislated obligations and any potential claim or injury management related implications prior to terminating the employment of an injured worker.

For more information

Contact your insurer, visit the I’m an employer helping my worker recover page, or contact our  SIRA Assist on 13 74 72.