Work Trials are used to achieve a return to work for clients who are not able to return to their original workplace.
A large proportion of DVA clients are ex ADF members who have been medically discharged, and therefore unable to continue their role within the ADF.
A work trial is a valuable opportunity for a person participating in a rehabilitation program to:
For the host employer a work trial facilitates:
It is preferable that work trials do not extend beyond 12 weeks. However, in some situations, a longer period may be considered reasonable.
Ultimately the duration of a work trial depends on factors such as:
While a work trial will normally be up to 12 weeks duration, it must be flexible to meet the needs of the client and the host employer.
The opportunity to participate in work trial should provide the rehabilitation service provider with the option to meet with the host employer for the purpose of negotiating paid employment post-trial. Depending on the circumstances, this may necessitate either an extension of the work trial for a further short period, if such action is likely to enhance the client's chances of securing ongoing paid employment.
The rehabilitation service provider is responsible for arranging and monitoring a work trial for the client. This includes ensuring that the work trial is appropriate given the client's medical restrictions and the type of work that they will be undertaking, and negotiating the terms of the work trial, including liaison with the relevant union if necessary. Once a work trial is negotiated with a host, the provider will need to liaise with the client's treating health practitioner to confirm the suitability of the work trial and receive confirmation of any medical restrictions that will apply. The rehabilitation service provider will then submit the work trial details, together with the completed Work Trial Agreement form to the DVA Rehabilitation Coordinator for consideration and approval.
The provider will also need to consider if any aids, appliances or alterations might be required to support the client. This includes visiting the host prior to the commencement of the placement to ensure the supervisor has been provided with an outline of the work capabilities of the client, and that the work site is suitable.
Work Trial Agreement
Work trials should be fully documented using the Work Trial Agreement prior to the commencement of the trial. Rehabilitation Coordinators can access the manual from the rehabilitation pages of the Rehabilitation and Compensation Support SharePoint page under "Work Trials".
The Work Trial Agreement outlines the responsibilities of the employer, the client, DVA and the rehabilitation service provider. The agreement also incorporates specific details of the placement including duties, medical restrictions, and timings. It is important that all relevant medical restrictions are listed to ensure that the employer can effectively manage their work health and safety responsibilities.
The Work Trial Agreement is designed to ensure that all parties are committed to the aim of the placement and agree on the expected outcomes from the placement.
The key stakeholders in the work trial process include the client, DVA rehabilitation coordinator, rehabilitation service provider, the client's treating doctor, supervisor/host employer, and the relevant union (if appropriate).
The client must be provided with a copy of the Work Trial Insurance Manual prior to the work trial commencing. Rehabilitation Coordinators can access the manual from the rehabilitation pages of the Rehabilitation and Compensation Support SharePoint page under "Work Trials".
The Manual details the insurance arrangements for clients undertaking an authorised work trial. Please refer to section 9.9.4 of this Guide [5] for further information about insurance for work trials.
The client must also be informed about what they need to do if they injure themselves, or experience an increase in pain or symptoms which does not allow them to continue working. If this occurs the client should:
All new work trials must be managed in R&C ISH using the work trials function.
The DVA Rehabilitation Coordinator should check the work trial details, and ensure that the medical restrictions are listed so that they can ensure a safe working environment for the client. This also helps to provide confidence that the worker will continue to be suitable for their role if their employment continues beyond the work trial. The Rehabilitation Coordinator must also check the Work Trial Agreement to ensure that the employer, client and provider have signed the agreement.
Once the Rehabilitation Coordinator is satisfied that all relevant details are included on the form, and that the work trial is suitable for the client, they should sign the agreement and send a signed copy to the rehabilitation service provider. The Rehabilitation Coordinator's signature provides evidence of their approval/authorisation of the work trial.
The Rehabilitation Coordinator must advise any relevant DVA areas, particularly the client's incapacity delegate, of the detail of the work trial. R&C ISH will create a task for the incapacity team when a work trial is approved. A copy of the signed Work Trial Agreement must be uploaded as a document to the client's R&C ISH case.
The Rehabilitation Coordinators can access the manual from the rehabilitation pages of the Rehabilitation and Compensation Support SharePoint page under "Work Trials". The rehabilitation service provider must ensure that the client completes and submits a Work Trial Attendance Diary to them. These diaries must show the dates and hours worked and are to be signed by the client and their work trial supervisor.
Work trial diaries should be uploaded by the rehabilitation provider, electronically to the R&C ISH case on a fortnightly basis. Documents uploaded to R&C ISH will be saved in the client's TRIM filde and flagged as new information in R&C ISH.
To upload to R&C ISH, the DVA Rehabilitation Coordinator will need to send the rehabilitation provider an email with information about how to upload R&C ISH and the Transaction Reference Number (TRN) to be used for the individual client. Any follow-up items or recommendations from the progress report need to recorded and actioned in R&C ISH.
If the client is in receipt of incapacity benefits, the Rehabilitation Coordinator must ensure the client’s incapacity delegate is aware of the work trial diaries so that the client's incapacity payments can be assessed correctly. R&C ISH will create a task for the incapacity team when a work trial diary is received. Similarly, the incapacity delegate must be kept informed of any variations to the work trial in terms of the hours worked.
During a work trial the client is required to attend the workplace as instructed by the host and undertake the work to the best of his ability.
The rehabilitation service provider is responsible for closely monitoring the work trial to ensure that:
The rehabilitation service provider must ensure that the DVA Rehabilitation Coordinator is provided with progress reports about how the work trial is going and is made aware of any issues that arise. This is important as the DVA Rehabilitation Coordinator has overall responsibility for the outcome of the work trial.
The host will be expected to have similar expectations of a client in a work trial as for any other worker regarding attendance, behaviour, safety, and discipline. The supervisor should be encouraged to develop an on-the-job training program that enables the client to acquire the competencies and skills required for the job. The supervisor should also monitor how the client is progressing, assess their performance and provide feedback to the client and the rehabilitation provider. Ultimately the supervisor will be required to provide a report on the client's performance to the rehabilitation provider.
Formal training aimed at enhancing both personal and job specific skills should be assessed as an adjunct to the on-the-job training that may take place during the work trial.
The rehabilitation provider must inform the Rehabilitation Coordinator immediately if they become aware that the client has injured themselves during a work trial, or is experiencing an increase in pain or symptoms.
The Rehabilitation Coordinator must follow the steps outlined in section 9.9.4 of this Guide [5] and the Work Trial Insurance documentation, and submit all claims within a timely manner.
If the host makes a job offer subsequent to the work trial, the rehabilitation service provider should ensure that the wages payable and conditions of employment are in accordance with the relevant award or Industrial Relations Agreement in that work setting.
The rehabilitation service provider should then immediately contact the Rehabilitation Coordinator to confirm the details including start date, hours of employment and salary details.
The Rehabilitation Coordinator must ensure that the client’s incapacity delegate is informed immediately that the work trial has ceased and that the delegate is provided with all relevant details of the client’s ongoing employment.
If the client is not offered work with the host after the trial, the client's rehabilitation plan should be amended to identify goals and objectives that can build on the work skills and experience that the client has gained during the trial. It is important that his occurs as quickly as possible, to assist the client to focus on what they have achieved, and to continue to work towards their return to work goal in a positive way.
During the period of the work trial DVA will continue to make incapacity payments to the client in accordance with the provisions in Part II of the DRCA [7] or Chapter 4 of the MRCA [8].
When a client commences a work trial during the first 45 weeks of incapacity, payments are made on the basis of 100% of normal weekly earnings (NWE) under DRCA, or normal earnings (NE) under MRCA. If the client commences a work trial after the first 45 weeks the weekly payment is based on a percentage of their NWE according to the percentage of normal weekly hours (NWH) worked. Further information about incapacity payments can be found in chapter 6 of the MRCA Policy Manual [9].
R&C ISH will create a task for the incapacity team when a work trial is approved and when a work trial diary is received.
DVA clients undertaking a work trial as part of their vocational rehabilitation program are covered by two insurance policies:
These are not Workers Compensation policies.
The Rehabilitation Delegate must ensure that all work trial participants are provided with the current Work Trials Insurance Manual prior to commencing a work trial. A case note should be added to the client's R&C ISH case noting when the manual was provided to the client. Rehabilitation Delegates can access the current manual through the Rehabilitation Services site [11] or via TRIM container 1903532. If requested, copies of the insurance policies can also be provided.
In the event that a client is injured while on a work trial, or causes injury or property damage to a third party, the client must be provided with copies of the relevant individual policies and claim forms as quickly as possible. The Rehabilitation Delegate can access these policies and claim forms from the Rehabilitation Services site [12] or via TRIM container 1903532.
The Rehabilitation Delegate must ensure that the client’s best interests are a key focus, and that any liaison with the insurance company is undertaken as quickly as possible.
It is important that an insurance claim is lodged for any injury that occurred while on a work trial, which required medical attention. Claims must be lodged within 30 days of the accident or injury.
This applies regardless of how minor the injury is. The insurance policy does not pay the first $50 of any claim for non-Medicare medical expenses, and this excess is paid by DVA. However, it is vital that the injury and any medical treatment that was provided is documented, as part of the claim process, so that this information can be accessed at a later date if any issues arise.
Rehabilitation Delegates can forward claims or ask questions of the insurance company using the contact details included in the Work Trials Insurance Manual. Any correspondence to the insurance company for a specific client should be uploaded as an attachment to the client's R&C ISH case.
Rehabilitation Delegates will need to provide specific information to the insurance company about DVA’s GST status before a claim can be settled. This information can be found in the document titled ‘Settlement of a work trial insurance claim’ on the Rehabilitation Services site [12] or via TRIM container 1903532.
The Rehabilitation Delegate is also required to liaise with the client’s rehabilitation service provider to ensure that the client’s rehabilitation plan is amended if required, and the client has access to appropriate and timely provision of support services while they recover from their injury.
DVA is responsible for providing compensation and rehabilitation service for any ongoing effects or natural progression of conditions which have been accepted as being related to a client’s service in the ADF.
New injuries are covered by the Group Personal Accident Insurance policy.
While a client is on a work trail, they will continue to receive incapacity payments, rather than a wage from their host employer. This may limit the client’s ability to purchase essential equipment or uniform that may only be required for a short period.
Where there is the potential for employment after the work trial DVA may consider support with:
Where essential equipment, uniforms or Workplace Health and Safety items are being requested for a work trial, the following issues must be considered:
DVA may also provide ergonomic equipment and other workplace aids and appliances that the client requires to be able to safely fulfil the requirements of their role during the work trial. In this instance, it is likely that lease or hire of equipment will be most cost effective than purchase, given that there is no guarantee that the client will secure employment after the trial. Further information about workplace aids and appliances can be found in section 10.7.4 [14] of this library.
Where DVA purchases uniforms and/or essential equipment to enable the client to undertake a work trial, then these items become the property of the client. The expectation is that the client uses the items to maintain themselves in the same industry following their work trial.
For further information about uniforms and essential equipment for clients who have secured permanent employment please refer to section 9.12.3 [15] of this library.
Links
[1] https://clik.dva.gov.au/user/login?destination=comment/reply/21215%23comment-form
[2] https://clik.dva.gov.au/user/login?destination=comment/reply/21205%23comment-form
[3] https://www.fairwork.gov.au/starting-employment/unpaid-work
[4] https://clik.dva.gov.au/user/login?destination=comment/reply/21227%23comment-form
[5] https://clik.dva.gov.au/rehabilitation-policy-library/9-vocational-rehabilitation/99-work-trials/994-insurance-coverage-during-work-trial
[6] https://clik.dva.gov.au/user/login?destination=comment/reply/21207%23comment-form
[7] https://www.legislation.gov.au/Series/C1988A00156
[8] https://www.comlaw.gov.au/Series/C2004A01285
[9] https://clik.dva.gov.au/military-compensation-mrca-manuals-and-resources-library/policy-manual/ch-6-incapacity-payments
[10] https://clik.dva.gov.au/user/login?destination=comment/reply/21218%23comment-form
[11] https://dvashare.dvastaff.dva.gov.au/BusinessUnits/Support/RehabServices/_layouts/15/start.aspx#/SitePages/Management.aspx
[12] https://dvashare.dvastaff.dva.gov.au/BusinessUnits/Support/RehabServices/SitePages/Management.aspx
[13] https://clik.dva.gov.au/user/login?destination=comment/reply/21202%23comment-form
[14] https://clik.dva.gov.au/rehabilitation-policy-library/10-alterations-modifications-aids-appliances-and-motor-vehicle-assistance/107-consideration-specific-aids-and-appliances/1074-ergonomic-equipment-workplace-aids-and-appliances-and-workplace-assessments
[15] https://clik.dva.gov.au/rehabilitation-policy-library/9-vocational-rehabilitation/912-assistance-finding-suitable-employment/9123-provision-uniforms-and-other-essential-equipment