Return to work programs assist workers to return to work in a timely, safe and durable way. Employers must establish and implement a return to work program in the approved form if and when required.
Returning to work promptly and safely has positive health benefits for workers who have been injured in their workplace.
Your active participation in return to work activities is essential. Workers are required to:
- make reasonable efforts to return to work in cooperation with your employers
- participate and cooperate in the establishment of a return to work program (where one is required)
- participate in and comply with reasonable obligations under a return to work program including any obligation to undertake workplace rehabilitation
- provide each Progress Certificate of Capacity to the employer and insurer within seven days of receipt (see Information Sheet 30)
- attend and participate in return to work case conferences where they are arranged (see Information Sheet 32).
Your employer must ensure a return to work program is established for you as soon as practicable after the following:
- your treating medical practitioner issues a certificate of capacity indicating you are partially incapacitated for work
- your treating medical practitioner advises you employer in writing a return to work program should be established
- an arbitrator has determined, or parties to a dispute agree, you are incapacitated for work.
The return to work program must be in the approved form and include details about:
- participants in the program
- a description of the return to work program goal and identification of working hours, and any duties and restrictions
- the actions to be taken to enable you to return to work and who is responsible for those actions
Your employer must give you the opportunity to participate in the development of the program, as far as reasonably practicable (see Information sheet 31).
Engaging an approved workplace rehabilitation provider
You, your employer or your treating medical practitioner may decide to engage an approved workplace rehabilitation provider to assist with the establishment and maintenance of an appropriate return to work program.
For more information go to Workplace Rehabilitation Providers.
A return to work case conference can be arranged by your employer, your employer’s insurer, a workplace rehabilitation provider, or your treating medical practitioner. You are required to attend, participate, and cooperate in a return to work-case conference.
When a case conference is arranged, it is a requirement you will be given notice, setting out the time and place of the conference, and if your attendance is required in person or through other means.
You may have a support person attend a return to work case conference. Your support person must not actively participate in the conference.
The Workers Compensation and Injury Management Regulations 2024 sets the expectations and boundaries for return-to-work case conferences (see Information Sheet 32).
It is important you take an active role in your return to work program and make reasonable efforts to return to work.
You are expected to:
- report any injury early
- complete the Workers Compensation Claim Form
- provide original copies of your Certificates of Capacity in a timely fashion
- attend medical and other appointments arranged by your treating doctor, or where directed by the insurer, independent medical specialist appointments
- if unable to attend an appointment, take reasonable steps to make an alternative appointment as soon as possible
- communicate with parties in an open and honest manner and reply to reasonable requests without undue delay
- carry out agreed actions to the best of your ability, as outlined in the return to work program
- immediately inform the Injury Management Coordinator and your line manager of any difficulties carrying out the return-to-work program
- if referred to a workplace rehabilitation provider, actively participate in all aspects of the service and work cooperatively with the service provider
- advise of any changes in your contact details
- advise your treating doctor and other treatment providers of any changes.
More information can be found in our Return to Work Worker Obligations Fact Sheet.
You are required to participate in the agreed return to work program.
If you do not participate, your employer may lodge an application in WorkCover WA’s Conciliation and Arbitration Services for an order for you to comply with the return to work obligations, or suspend income compensation payments. If you continue to fail to participate an arbitrator can order your income compensation payment cease.
Find out about your entitlement to engage a workplace rehabilitation provider and how they could assist with your return to work following an injury or illness in the course of your employment.
If you have an incapacity for work your employer is required to make your pre-injury position available (unless it is not reasonably practicable to do so), or provide a suitable position.
A suitable position is one you are qualified for, capable of performing, and is comparable in pay and status to your previous position.
This obligation applies for a 12-month period commencing on the day you first had an incapacity for work as a result of the injury.
You cannot be dismissed solely or mainly due to your incapacity for work and cannot be dismissed for any reason unless your employer has given you notice in the approved form at least 28 days before the dismissal takes effect (see Information Sheet 34).
Contact the insurer or our Advice and Assistance Service on 1300 794 744 to discuss your particular situation.
