When volunteer surf lifesaver Glen Roberts made a claim for a bad shoulder injury that he suffered on the job in 2017, his rehabilitation was undertaken by Rehab Co, an accredited workers compensation company which contracts with the state insurer, icare. While he was undergoing rehabilitation for his shoulder, Glen’s son tragically died in a car accident. Rehab Co sent an email to Glen with their condolences, and charged $50 in professional fees to do it. Initially, this amount, as well as the rest of the roughly $3,600 billed by Rehab Co, was covered by icare. But when Glen received compensation as a result of a court case against the surf lifesaving club relating to the same injury, he had to pay Rehab Co’s fees back to icare himself.
Glen has quite understandably said he was disgusted that Rehab Co charged him for such an email, and was also very concerned at the idea that icare did not seem to look into the invoices they paid for on workers’ behalf.
If you suffer an injury at work and a workers compensation claim is made against your employer’s insurer, you will often be required to consult with a rehabilitation company to facilitate your return to work.
The bill for rehabilitation, treatment and retraining is usually taken up by the insurer at first instance. However, section 87B of the Workers Compensation Act 1987 (NSW) provides that any compensation paid must be reduced by any alternative compensation also paid in relation to the same injury. So, if another action for compensation by the worker in relation to the same injury is successful, they may have to pay the insurer back the costs of treatment depending on the circumstances.
If you are an injured worker and have questions regarding your rehabilitation and return to work, we would be pleased to speak with you in an obligation-free consultation to advise you about your rights and obligations. You can call our friendly team on (02) 4050 0330 or book an appointment online.
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Obligations and Rights in Workers Compensation Case Conferences
