Can I Return To Work While I Am Receiving Workers Compensation Benefits?

This is one of the most commonly asked questions by an injured worker.

The short answer is yes – returning to work while receiving workers compensation benefits is not only possible but is actively encouraged by the workers compensation scheme where it is medically appropriate.

While you do not forfeit your right to claim workers compensation benefits if you and your treating doctor decide you are fit to return to work, there are a range of medical, legal and practical considerations that must be carefully managed as part of your return to work process.

These include:

• Certificates of capacity;
• Suitable duties and alternate employment;
• Injury management plans;
• Rehabilitation providers and case conferences.

As outlined in our “Certificates of Capacity”, your weekly payments will be reduced where you have a capacity for work. For example, if your weekly entitlement is $1,000 gross per week, and you have capacity to earn $300 gross per week in suitable duties, then you will be entitled to a “top up” of the gap, being $700 gross per week. The precise calculation of your weekly benefits will depend on your individual circumstances.

Importantly, returning to work is not just simply about whether you have completely recovered from your injury and can return to your pre-injury job. Many injuries do not resolve in full and have ongoing effects which need to be appropriately managed as part a sustainable return to work. Returning to work is not just about returning to your pre injury job, but ‘suitable duties’ either with your pre injury employer or in alternative employment elsewhere.

The workers compensation scheme in New South Wales aims to support recovery at work wherever possible, recognising that returning to work safely can assist rehabilitation, improve wellbeing and contribute to long-term recovery.

Updated and continuing certificates of capacity are pivotal in ensuring that all relevant parties (you, your doctor, the insurer, your rehabilitation provider, and the employer) are aware of your capacity for work including any restrictions.

The workers compensation insurer can refuse the payment of benefits for periods in which there is no valid certificate of capacity. A valid certificate must include a declaration on the final page as to your work activities and earnings. You must also notify the insurer of any actual earnings, so they can appropriately calculate your entitlements.

Important Considerations and Common Pitfalls to Avoid

Returning to work can be an overwhelming and stressful process. Importantly, you should:

1. Closely review your certificate of capacity: It is important to speak with your treating doctor regarding your capacity for work, including any restrictions that should be implemented to ensure a safe return to work. These should be appropriately reflected in your certificate of capacity and updated as appropriate. If you have restrictions that are not prepopulated in the certificate of capacity, your doctor can include them in the “other” section.

You should ensure your certificate of capacity is accurate before sending it to the employer and insurer.

2. Maintain regular contact with your nominated treating doctor: Returning to work is not always perfect. Sometimes duties that initially appear suitable become unsustainable in practice, or symptoms worsen once work activities recommence. For this reason, it is important to have regular communication with your nominated treating doctor about your return to work.

If your symptoms worsen when returning to work, it is critical that you report this to your nominated treating doctor as soon as possible. Your doctor may determine that amendments to your certificate of capacity are required.

Where you are unsure as to whether you can perform the duties without aggravating your symptoms, your doctor might consider certifying you fit “on a trial basis only”, which can be reviewed after you trial the relevant duties.

3. Be involved in drafting your injury management plan: Where you have current capacity for employment, you must co-operate in making a ‘reasonable effort’ to return to work. Part of your obligations as an injured worker in returning to work are to participate in the establishment of, and comply with, the obligations imposed under an injury management plan (“IMP”).

The primary aim of an IMP is to outline agreed goals, actions and supports, as well as timeframes and responsibilities for all involved parties, ensuring mutual accountability, and supporting your recovery and return to work.

4. Consider whether you wish to appoint your own rehabilitation provider: Rehabilitation providers have a key role in assisting your safe return to work and contribute to the development of your IMP. Their role involves assessing the activities you can currently perform, facilitate workplace discussions surrounding duties and restriction and generally assist you in finding suitable work with an appropriate employer.

The insurer will likely appoint you a rehabilitation provider if you do not already have one of your own. You have the right to choose your own rehabilitation provider, if you wish to do so.

5. Seek suitable duties where you have capacity to return to some form of work: as previously indicated, you must co-operate in making a ‘reasonable effort’ to return to work where possible. This includes considering returning to work on ‘suitable duties’ following the development of an IMP.

If you do not make reasonable attempts to return to work, the insurer may suspend, terminate or re-assess your entitlements to weekly payments.