17 Workers Compensation Leave

a) Temporary teachers are generally eligible to claim workers' compensation if they:

• are injured at work or while travelling to and from work;

• are injured while travelling on approved official business;

• are injured outside school hours while on duty;

• contract an infectious disease while at work; or

• have an injury or illness which is caused by or aggravated by conditions at work.

b) A temporary teacher is not entitled to benefits if:

• the temporary teacher has deliberately injured himself or herself;

• the injury occurred on a journey to or from work and the temporary teacher materially increased the risk of injury by interrupting or deviating from the journey, provided the interruption was not work related; or if the injury was caused by serious and wilful misconduct of the temporary teacher;

• the injury is a psychological injury if the injury was wholly or predominantly caused by reasonable action taken or proposed to be taken by or on behalf of the employer with respect to transfer, demotion, promotion, performance appraisal, discipline, retrenchment or dismissal of workers or provision of employment benefits to workers.

17.3 Entitlement

a) Pending acceptance of the claim for workers' compensation, temporary teachers will be granted available sick leave followed by long service leave to credit if requested, until the temporary teacher returns to duty or the claim is accepted, whichever is the earlier.

b) If the workers' compensation claim is accepted, leave granted under a) above is recredited to the maximum compensation payable and the absence is recorded as workers' compensation leave.

c) Payment during the period of workers' compensation leave is at the average weekly salary rate provided that this does not exceed the maximum compensation amount as determined by the WorkCover Authority from time to time.

d) If the temporary teacher's normal gross weekly salary exceeds the maximum compensation payable, the temporary teacher may elect that the difference between the maximum compensation and normal salary be made up from available sick leave or long service leave.

a) A temporary teacher, whose claim for workers' compensation has been accepted and is absent from work for more than the initial 26 weeks, is eligible for workers' compensation payments at the reduced rate as provided for in the Workers Compensation Act.

b) If a temporary teacher has not exhausted available leave credits they may continue to be granted sick leave or long service leave to credit, if requested, to make up the difference between the amount of compensation payable and normal salary.

17.4 Partial Incapacity

1. If medical evidence indicates a temporary teacher is partially incapacitated for work and may be fit to return to work on suitable duties, the temporary teacher should contact their principal about returning to work on an appropriate return to work plan or rehabilitation program.
2. Information about compensation payable to temporary teachers who are partially incapacitated for work will be provided by the Fund Manager once a claim is lodged.

17.5 Other Entitlements

a) Where liability is accepted, the Fund Manager will pay such medical, hospital and ambulance expenses reasonably incurred by the temporary teacher in connection with the injury or illness. Temporary teachers should not pay any accounts, nor submit accounts to Medicare or health funds for these services, but must forward them to the District Office for referral to the Fund Manager.

b) Provision also exists for payment of a benefit to a temporary teacher who, as a result of an injury arising out of or in the course of their employment, damages clothing, spectacles or artificial aids.

17.6 Claim Procedures

a) Obtain a Workers' Compensation Claim form from the principal and complete the form as soon as possible after the injury or illness.

b) Attach to the claim form supporting documentation such as statement of witness, medical reports and/or WorkCover medical certificates, accounts etc.

c) The WorkCover medical certificate must state the nature of the injury or illness and the anticipated period of absence from work.

d) The Statement of Witness form is to be completed where possible, by all persons listed on the claim form as witnesses. If this requirement cannot be met, the reasons should be noted either on the form or on an attached sheet.

e) In the case of a temporary teacher who has contracted an infectious disease such as measles or glandular fever from a student or another member of staff, a statement, verified by the principal, should be submitted setting out the following:

• name(s) of student(s) or staff member(s) suffering from the same disease;

• dates of their absence from school; and

• nature and extent of contact with the student(s) or other staff member(s) with the same disease.

f) Complete an application form for sick leave.

g) The completed claim form, application for sick leave and all other documents should be submitted to the principal. The principal must complete the Employer's Report of Injury form and forward all documents to the district office by courier or mail on the same day that the documents are received by the principal.

17.7 Vacation Entitlements

a) Workers' compensation leave accrues full vacation leave entitlements.

b) Where a period of unfitness to work continues during part or all of a school vacation period and a medical certificate is submitted to cover such period, workers' compensation payments plus accrued vacation leave entitlements are payable for the period covered by the medical certificate.

17.8 Public Holidays

Normal salary, plus compensation is paid for public holidays occurring during a period in respect of which workers' compensation has been authorised.

17.9 Incremental Progression

While the Fund Manager continues to accept liability, all workers' compensation leave counts as service for incremental progression.

17.10 Declinature of Claim

Where a workers' compensation claim is declined but the Department is satisfied that the temporary teacher is unfit for duty, the temporary teacher is eligible to be granted sick leave to credit, followed by long service leave if requested or sick leave without pay.

17.11 Rehabilitation

a) Occupational rehabilitation aims at ensuring that, as far as possible, workers who suffer work related injury or illness are rehabilitated to their fullest physical, psychological and social wellbeing so as to achieve the vocational and economic productivity of which they are capable.

b) Where appropriate, rehabilitation procedures should commence as soon as possible after an injury has occurred so that the temporary teacher can return to work and commence workplace based rehabilitation consistent with medical advice.

c) Appropriate duties will be provided for the injured temporary teacher where available and practicable. Such duties are to be both meaningful for the temporary teacher's rehabilitation and productive for the Department.

d) Dependent on medical advice every effort will be made to fully rehabilitate temporary teachers in their current position.

e) Vocational retraining may be considered for an injured temporary teacher where rehabilitation in the current position is not possible. Where appropriate, this may result in the temporary teacher being relocated into an alternative position.

17.12 Workers' Compensation Liability - Joint Programs

Temporary teachers who wish to participate in joint programs between the Department and other government departments, agencies or in School Industry Link Programs must first obtain the approval of their supervisor or principal. If temporary teachers are injured while participating in these programs they will be covered by the Department's workers' compensation arrangements.