Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 220

220 Insurer’s responsibility for rehabilitation and return to work

(1) An insurer must take all reasonable steps to secure the rehabilitation and early return to suitable duties of—

(a) workers who have an entitlement to compensation; and

(b) workers who are participating in an accredited rehabilitation and return to work program of the insurer.

Penalty—

Maximum penalty—50 penalty units.

(2) Without limiting subsection (1) , an insurer—

(a) may refer a worker who is receiving compensation for an injury to an accredited rehabilitation and return to work program of the insurer; and

(b) must refer a worker who is receiving compensation for an injury, and has asked the insurer to be referred to a rehabilitation and return to work program, to an accredited rehabilitation and return to work program of the insurer; and

(c) must refer a worker who has stopped receiving compensation for an injury under section 144A , 168 or 190 (2) , and has not returned to work because of the injury, to an accredited rehabilitation and return to work program of the insurer.

(3) However—

(a) subsection (2) (b) and (c) does not apply if the insurer is satisfied the program is not able to further assist the worker with rehabilitation for the injury; and

(b) subsection (2) (c) does not apply if the worker is already participating in an accredited rehabilitation and return to work program of the insurer.

(4) A worker who is referred under subsection (2) to an accredited rehabilitation and return to work program of an insurer is entitled to participate in the program until the first of the following happens—

(a) the insurer is satisfied the worker is unwilling or unable to participate in the program;

(b) the insurer is satisfied the program is not able to further assist the worker with rehabilitation for the injury;

(c) the worker receives a payment of damages for the injury;

(d) the worker receives a redemption payment for the injury;

(e) the worker receives compensation for the injury for 5 years.

(5) An insurer must take all reasonable steps to coordinate the development and maintenance of rehabilitation and return to work plans for workers who have sustained an injury.

(6) If a worker is aggrieved by either of the following decisions of an insurer, the worker may have the decision reviewed under chapter 13 —

(a) a decision under subsection (3) to refuse the worker’s entitlement under subsection (2) (b) or (c) to be referred to an accredited rehabilitation and return to work program of the insurer;

(b) a decision under subsection (4) that the worker is no longer entitled to participate in an accredited rehabilitation and return to work program of the insurer.

(7) In this section—

"rehabilitation and return to work plan" , for a worker who has sustained an injury, means a written plan—

(a) outlining the rehabilitation objectives for the worker and the steps required to achieve the objectives; and

(b) developed in consultation with the worker, the worker’s employer and registered persons treating the worker.