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Compensation Lawyer – Return to Work Programs

For workers who are receiving compensation for work-related injuries, navigating a Return to Work Plan can be confusing.

This is often because of the number of stakeholders involved.

Insurers will usually arrange for a Return to Work Program to be prepared by a rehabilitation provider on their behalf in collaboration with the injured worker, the employer and the injured worker’s GP.  They must also consult with the worker in preparing an injury management plan.

The rehabilitation provider’s role includes coordinating the worker’s recovery with their return to work, identifying suitable employment opportunities aligned with their current working capacity and preparing the Return to Work plan. The plan must also outline the procedure for a requested change in rehabilitation provider, and how the worker will be told of this opportunity.

The employer must not dismiss an injured worker due to injury within 6 months of their incapacity. They are required (among other obligations) to implement the Return to Work Program, co-operate with the insurer, provide retraining or alternative job opportunities where appropriate and advise the worker that they can choose to nominate their own treating doctor.

The nominated treating doctor completes the worker’s medical and work capacity certificates, ensures that the worker is receiving appropriate treatment and participates in discussions regarding management of the worker’s injuries and return to work. In particular, the doctor should always consult the worker when providing certificates of capacity. While the worker can elect their own personal or family doctor to be the nominated treating doctor, after nomination the treating doctor can only be changed if notice and explanation is provided to the insurer first.

An injured worker is obliged by law to participate with reasonable requests for rehabilitation and treatment. If cooperation is unreasonably denied, weekly payments may be suspended.

Further information about navigating the workers compensation system is available at the Workers Compensation Independent Review Office website.

If you or someone you know has suffered an injury at work, there may be an entitlement to compensation or even a lump sum payment. It is important to seek advice from a workers compensation lawyer.

Our Compensation Lawyers can provide practical solutions and exceptional results in relation to your compensation claim on a No Win, No Fee basis.  Call 1300 773 529 or email a Compensation  lawyer at info@matthewsfolbigg.com.au. We can then arrange an initial telephone conference to discuss.

Matthews Folbigg has over 50 years’ experience protecting personal injury and compensation rights of people living in Parramatta and the Hills.