W

Withdrawn
Appeals withdrawn by the appellant prior to court

Work capacity
Work capacity is decided by the worker’s treating medical practitioner, based upon the worker’s medical status and is documented on the medical certificate. Total incapacity for work means that the worker is unable to work in any capacity (not simply their pre-injury duties) due to the severity of their injury or disease. Partial work capacity means that the worker is able to participate in some work tasks that are within their functional capacity.

Worker
An individual employed under a contract of service, section 11, the Act. Schedule 2 details those people specifically included or specifically excluded from being considered a “worker”.

Workers’ compensation insurer
Refers to WorkCover Queensland or a self-insurer. A self-insured employer is licensed by Q-COMP to take on all liabilities for any work-related injuries and diseases.

Worker’s file
A confidential file must be kept for each worker undertaking rehabilitation and must contain copies of all relevant documentation, correspondence and accounts (the Regulation). The file should be separate from all other company files and appropriately stored to maintain confidentiality.

Worker’s obligation for rehabilitation
The Act specifies that unless the worker has a reasonable excuse, they must satisfactorily participate in rehabilitation -

• as soon as practicable after the injury is sustained; and
• for the period for which the worker is entitled to compensation.

Penalties can be imposed on employers or workers who do not meet their obligations.

Workplace
A workplace is a place where work is, is to be, or is likely to be, performed by a worker or employer and is a place that is for the time being occupied by the employer or under the control or direction of the worker’s employer; or where the worker is under the control or direction of the worker’s employer (schedule 6, the Act).

Workplace assessment
A work site visit for the purpose of assessing aspects of an injured worker’s job or environment. This must be in connection with the planning or implementation of a rehabilitation plan. The workplace assessment can be initiated by a treating medical practitioner, employer, rehabilitation provider or insurer and must have the prior approval of the insurer to ensure payment to the professional providing this service.
The workplace assessment is usually conducted by an occupational therapist or a physiotherapist who should provide a report detailing the functional requirements of the worker’s job.

Workplace rehabilitation
“A system of rehabilitation accredited by the Authority [Q-COMP] that is initiated or managed by an employer”, section 43, the Act. The purpose of workplace rehabilitation is to ensure the worker's earliest possible return to work or if not possible, to maximise the worker's independent functioning. Workplace rehabilitation focuses on returning the worker to safe, suitable work at the earliest possible time, ensuring valuable work skills are not lost, and minimising the human and financial costs of work injury.

Workplace rehabilitation accreditation
Gaining accreditation formalises the process for rehabilitation in the workplace. This requires:

• a workplace rehabilitation policy and procedures approved by Q-COMP
• a registered rehabilitation and return to work coordinator in Queensland who is an employee or contracted to provide this service.

Workplace rehabilitation policy and procedures
Formal documentation accredited by Q-COMP of an employer's systems and processes for rehabilitation in the workplace, including:

• the actions to be taken from the time of injury through to a full return to work
• the roles and responsibilities of the Rehabilitation and Return to Work Coordinator, the injured worker, line managers, supervisors and co-workers.

These policies and procedures require review every three years. Employers must have a workplace policies and procedures (section 44, the Act) if:
a. the employer employs workers at a workplace in a high risk industry - the wages of the employer in Queensland for the preceding financial year were more than $1.826 million (this threshold wages amount is indexed annually); or
b. otherwise - the wages of the employer in Queensland for the preceding financial year were more than $5.998 million.