Responsibilities of the worker in relation to the return to work / injury management plan

Obligations in relation to participating in medical treatment and/or rehabilitation

Obligations in relation to participating in assessment

Obligations in making efforts to return to work

Obligations in relation to notifying about a return to work

Other obligations

New South Wales

s47 Workplace Injury Management and Workers Compensation Act 1998 — Must participate and cooperate in the establishment of an injury management plan. Must comply with obligations under an injury management plan. Must nominate treating doctor when requested by the insurer. Must authorise treating doctor to provide information for the purposes of injury management.

s47 1998 Act — Must participate and co-operate in the establishment of an injury management plan.

2. Must comply with obligations imposed by or under the injury management plan.

Nominate a treating doctor who is prepared to participate in the development and implementation of an injury management plan (s47(3) of the 1998 Act). s48 1998 Act make reasonable efforts to return to work in suitable employment or pre-injury employment

s119 1998 Act — A worker who has given notice of an injury or receiving weekly payments of compensation, must if so required by the employer, submit himself or herself for examination by a medical practitioner, provided and paid by the employer.

s48 1998 Act — Must make all reasonable efforts to return to work in suitable employment with their pre-injury employer at the same place of employment or another place of employment.

s57 Workers Compensation Act 1987 — If in receipt of weekly compensation, must notify of return to work or commencement of own business or any change in employment.

Notify the employer as soon as possible after a work-related injury occurs (s44(1) 1998 Act).

From the Guidelines for workplace return to work programs, worker obligations include:

• cooperate with the employer to meet their return to work obligations, and advise of any difficulties with return to work as soon as practical to prevent delays in addressing any problems.

Victoria

Part 4, Division 3, Workplace Injury Rehabilitation and Compensation Act 2013 —Obligations of workers:

• s111 — Participate in planning for return to work.
• s114 — Return to work.
• s115 — Participate in an interview

s112 — Use occupational rehabilitation services

s113 — Participate in assessments

s114 — Make reasonable efforts to return to work

s117

Queensland

Workers’ Compensation and Rehabilitation Act 2003 ss231–232 — The worker must participate in rehabilitation (including suitable duties programs), while they are entitled to compensation. The worker must also mitigate their loss (for the purposes of common law claims) by participating in rehabilitation, return to work program or suitable duties programs.

Act s232 — The worker must participate in rehabilitation while they are entitled to compensation. If they do not, the insurer may suspend the worker’s compensation payments.

• Act s135 — an insurer may require a worker to be examined by a person registered to provide medical treatment. A worker’s compensation may be suspended if they fail to attend or refuse examination.
• Act s500 — an insurer may also refer a matter relating to an injury to a Medical Assessment Tribunal for decision. A worker must attend a Medical Assessment Tribunal if requested by the insurer, and must submit to examination by the tribunal.
• Act s510 — if a worker does not attend or refuses to be examined, their compensation may be suspended. An insurer must request the examination in the way specified by Workers’ Compensation and Rehabilitation Regulation 2014 s106

• Act s232 — A worker must satisfactorily participate in rehabilitation and a worker must mitigate their loss by participating (Act s231) in any return to work program or suitable duties
• Act s220 – an insurer must refer a worker who has stopped receiving compensation for an injury under section 144A, 168 or 190(2), and has not returned to work because of the injury, to an accredited rehabilitation and return to work program of the insurer.

Act s136 — A worker receiving compensation for an injury must notify the insurer within 10 business days of returning to work.

Western Australia

• Workers’ Compensation and Injury Management Act 1981 s72B participate in return to work program.
• To the best of ability carry out agreed actions as outlined in the return to work program.
• Immediately inform Injury Management Coordinator and manager of any difficulties carrying out the return to work program.

Workers should:

• Attend medical
• examinations (s64 and s65)
• provide medical certificates in timely fashion
• attend medical and other treatment appointments arranged by treating doctor, or arranged by the employer
• if referred to a workplace rehabilitation service, participate in all aspects of the service and work cooperatively with the service provider, and
• advise of any changes to treating doctor or other treatment providers.

Returning to work: Workers

Returning to work: Employers

s59 — notify employer within 7 days if returning to employment

• Communicate with parties in open and honest manner and reply to reasonable levels of communication.
• Advise of any changes in contact details.

South Australia

• s25(4) Return to Work Act 2014 — The Return to Work Plan may impose obligations on the worker and in case of dispute will continue to bind the worker subject to the outcome of the dispute.
• s48(3) — A worker’s income maintenance can be discontinued if the worker ‘breaches mutuality,’ including
• if a worker fails to comply with a return to work obligation [s48(3)(e)(ii)].

• Under s48(3)(a) a worker’s income maintenance can be discontinued if a worker fails to submit to an examination by a recognised medical expert nominated by the Corporation, and if a worker refuses or fails to submit to proper medical treatment for the worker’s condition [s48(3)(c)]
• s48(4) states that a worker has not breached mutuality if they reasonably refuse surgery or the administration of a drug or if they choose one form of treatment over another.

• See s31(3)(b) — a claim may be rejected if a worker refuses to submit to an examination.

• A worker may be discontinued if they refuse to cooperate in establishing a return to work plan or fail to comply with an obligation under the plan — s48(3)(d).
• A worker may be discontinued if they refuse to undertake work that has been offered that the worker is capable of performing —s48(3)(e) — or if they fail to take reasonable steps to find or obtain suitable employment — s48(3)(e).

Not defined in the Act

• s16 — Upon injury the worker must give notice to the employer within 24 hours after the injury occurred or as soon as practicable.
• s51 — If the worker will be absent from Australia in excess of 28 days must notify the Corporation the prescribed details of the proposed absence at least 28 days before leaving.

Tasmania

• Worker to notify employer as soon as practicable after a workplace injury of the primary treating medical practitioner. — Workers Rehabilitation and Compensation Act 1988 s143G(1)
• Worker is to take all reasonable steps to comply with requirements of the return to work plan or injury management plan and to perform any actions that the worker is required to perform under the plan. — s143E(7) and s143N(1).

• Worker to take all reasonable steps to comply with requirements of the return to work or injury management plan. — s143E(7)
• If a medical practitioner conducting an independent medical review reports that any medical or surgical treatment will terminate or shorten the period of incapacity, the worker must submit to treatment or, if the worker is dissatisfied with the report, the worker must submit to an examination by another medical practitioner. If the medical practitioners are in agreement, the worker must submit to the treatment specified. — (s90A(7))
• If worker fails to submit to treatment (with the exception of surgical treatment) the worker’s right to compensation and to take any proceedings under the Workers Rehabilitation and Compensation Act 1988 can be suspended. — s90C.

In relation to medical reviews, a worker is to submit to an independent medical review at a reasonable time provided the worker has been given reasonable notice. If the worker objects to the review, he/she can refer it to the Tribunal for consideration. — s90A and s90C.

If worker is unable to perform an action, they are to seek medical advice and if appropriate undergo treatment that may enable the action, and advise the employer and injury management coordinator of the worker’s inability and of any medical advice or treatment sought or undergone. A worker who is assigned reduced hours in accordance with an approved plan must take all reasonable steps to ensure attending a medical practitioner does not interfere with worker’s employment during those hours. — s143N.

N/A

A worker must not wilfully fail to disclose to any treating medical practitioner any information that the worker knows or ought reasonably be expected to know is relevant to the diagnosis or treatment of the worker’s workplace injury. — s143J.

Northern Territory

Return to Work Act 1986 s75B — worker must cooperate with reasonable return to work process.

s75B — Worker must cooperate with reasonable medical, surgical and rehabilitation treatment and participate in rehabilitation training or a workplace based return to work program.

s75B — Must present at reasonable intervals for assessment of employment prospects.

Obligation is on employer to provide or arrange. Worker must then cooperate.

s90 — Worker must notify employer if returns to work with another employer or circumstances change in a way likely to affect entitlement.

N/A

Australian Capital Territory

Workers Compensation Act 1951 s113 — The worker must:

• s101 — Participate in development of personal injury plan
• s102 — Nominate treating doctor, and
• s113 — Participate in vocational rehabilitation or a return to work program.

s101(2) — The injured worker must comply with reasonable obligations under the plan, including any obligation to receive medical treatment or rehabilitation services.

• s113 — Attend assessments of the worker’s employment prospects.
• s113 — Attend a medical assessment of the worker’s injury.

• s104 — an injured worker must make all reasonable efforts to return to work with the workers pre-incapacity employer.
• s113 — Undertake suitable alternative duties provided.
• s113 — Take up an offer of suitable work for which worker is qualified and worker can perform.

No

No

C’wealth Comcare

The employee is responsible for undertaking a determined rehabilitation program [refer s37 of SRC Act].

Where an employee refuses or fails, without reasonable excuse, to undertake a rehabilitation assessment or program, the employee’s rights to compensation are suspended until the assessment takes place or the employee begins to undertake the program.

Unless the employee has a reasonable excuse, they are required to participate in, and not obstruct, a rehabilitation assessment [refer to s36(3) and s36(4) of SRC Act and section 11(1) of Rehabilitation Guidelines].

An employee is required to participate in a rehabilitation program as determined by the rehabilitation authority refer s37 of SRC Act], unless they have a reasonable excuse not to participate.

No legislative requirements

No

C’wealth Seacare

The employee is responsible for undertaking a rehabilitation program provided under s50(1) Seafarers Rehabilitation and Compensation Act 1992.

s50(5) — If the employee, without reasonable excuse, does not undertake a rehabilitation program provided for them, compensation can be suspended.

• s49(3) — The employer may require the employee to undergo an examination in relation to an assessment.
• s49(4) — If the employee does not attend, without reasonable excuse, or obstructs the examination, compensation can be suspended.

s32 — Employee has a responsibility to actively seek or participate in suitable employment where that employee has a capacity to return to work.

No legislative requirement.

No

C’wealth DVA

Military Rehabilitation and Compensation Act 2004 (MRCA) — s52 — If the rehabilitation authority requires a person to undertake a rehabilitation program and the person refuses or fails to undertake the program, the authority may determine that the person’s right to compensation (but not the person’s right to treatment or compensation for treatment) is suspended until person undertakes the rehabilitation program.

Safety, Rehabilitation and Compensation (Defence-related Claims) Act 1988 (DRCA)

• The employee is responsible for undertaking a determined rehabilitation program [refer to ss37(1) and 37(7)]
• Actively participate in any rehabilitation program developed by the case manager or approved workplace rehabilitation provider. Implement recommended and agreed changes to work practices, workplace environment and/or home environment in consultation with employer to minimise the change of further injuries or accidents (refer to Rehabilitation Program form).

As adjacent

MRCA — s50 — If the rehabilitation authority requires the person to undergo an examination and the person: (a) refuses or fails to undergo the examination; or (b) in any way obstructs the examination; the authority may determine that the person’s right to compensation (but not the person’s right to treatment or compensation for treatment) is suspended until the examination takes place.

DRCA

• The employee is responsible for attending and co-operating at a required examination to assess the employee’s capability of undertaking a rehabilitation program.

[refer to s36(1), s36(3) and s36(4)]

• Employee shall cooperate in the assessment of the capacity to undertake a rehabilitation program:
• S36(3) — Employee shall undergo a required examination.

S36(4) — All rights and proceedings under the Act are suspended if an employee fails, without reasonable excuse, to undergo a rehabilitation examination.

As adjacent

N/A

N/A

New Zealand

Yes — s72 Accident Compensation Act 2001

Yes — s72

Yes — s72

Yes — s72

A claimant who receives any entitlement must, when reasonably required to do so by the Corporation: authorise the Corporation to obtain medical and other records that are or may be relevant to the claim.