Claims of work-related psychological injury can be difficult for employers to manage. Often there are concerns regarding what can and can’t be done and confusion over what must and must not occur. The following article breaks down the key rights and responsibilities of Queensland employers.

Lodging a WorkCover claim

• Responsibilities: Employers are legally required to report an employee’s psychological injury claim to WorkCover within 8 business days of receiving notice. If an employee submits the claim directly, the employer is obligated to cooperate by providing all relevant information necessary for WorkCover to make an informed assessment of the claim.
• Rights: Employers have the right to contest a claim if they believe it is invalid, providing an explanation and evidence to WorkCover to support their position. For example, WorkCover may not approve a psychological injury claim if the condition results from reasonable management actions, such as providing performance feedback, workplace restructuring, or necessary disciplinary actions, provided they are conducted in a fair and appropriate manner.

Medical evidence and confidentiality

• Responsibilities: Employers must ensure employees understand their right to choose their doctor and that they are not obligated to disclose specific details of their medical condition directly to the employer. Confidentiality is paramount, and employers should not enquire about sensitive health information beyond what is necessary for workplace adjustments. 
• Rights: Employers are entitled to receive medical certificates from WorkCover that outline any required time off for the employee and inform them if alternative duties are recommended for a phased return to work. Additionally, if there are legitimate concerns regarding the diagnosis or recommended treatment plan, employers can request a second opinion through WorkCover, provided they have reasonable grounds to question the initial assessment. 

Communication with the employee during recovery

• Responsibilities: Open communication is key to supporting employees with psychological injuries. Employers should engage in respectful, regular contact with the employee, aiming to foster a supportive environment that encourages a smooth transition back to work. However, employers must respect the employee’s right to request limited or no contact during their recovery period if that is in their best interest. In such cases, employers should consult with the employee or WorkCover to determine the most effective way to support their recovery. 
• Rights: Employers should be kept updated by WorkCover regarding any significant changes in the employee’s condition or circumstances that may affect their return-to-work plans. This includes being informed of any required adjustments to duties or other accommodations necessary to facilitate a gradual return. 

Ensuring ongoing employment

• Responsibilities: Employers are responsible for making every reasonable effort to allow the employee to return to their original position or a comparable role following recovery. Queensland Workplace Health and Safety (WHS) laws stipulate that employees on WorkCover cannot be terminated solely due to their injury, irrespective of the time they are away from work, including after the 12-month mark. 
• Rights: Employers have the right to conduct a risk assessment to determine if there are suitable, modified duties available for the employee upon their return. If such a position cannot be accommodated within the business, the employer can request assistance from WorkCover to identify a host employer where the employee can work temporarily on modified duties until they are fit to return to their original position. 

Return-to-work process

• Responsibilities: Employers must facilitate the return-to-work process by making any necessary adjustments to support the employee’s reintegration into the workplace. This may include altering work tasks, providing flexible hours, or offering a staged return to ensure a safe and effective transition. 
• Rights: Employers are entitled to coordinate with WorkCover to create a return-to-work plan that aligns with the employee’s capabilities and medical recommendations. Employers can expect support from WorkCover in implementing suitable duties and developing strategies to address any potential risks associated with the employee’s return to the workplace. 

Additional considerations for employers 

• Promote mental health awareness: Employers should work towards building a workplace culture that prioritises mental health and addresses potential psychosocial hazards proactively. Training staff and management in recognising early signs of psychological distress can be instrumental in fostering a supportive environment. 
• Develop a WHS plan: Establishing a comprehensive WHS plan that incorporates mental health and well-being strategies is essential. This includes conducting regular risk assessments to identify and mitigate psychosocial hazards, developing clear protocols for responding to incidents, and ensuring staff have access to mental health support, such as Employee Assistance Programs (EAP).