Workplace injuries can be life-changing events. They often put workers through physical and emotional stress. However, returning to work after a work injury can play a crucial role in the recovery process. In Western Australia, there are limited support programs in place to help injured workers. This blog provides a guide to returning to work after a workplace injury in WA.
When Should You Return to Work after Illness or Injury?
Deciding when to return to work after illness or injury is a crucial step in your rehabilitation. The timing largely depends on the nature and severity of your condition, your GP’s understanding of your injury and the limitations the injury has on your ability to perform your full pre-injury duties. Here are some general things to consider:
Medical Advice:
Always seek medical advice before making any decisions about returning to work. During your initial consultation, your GP will assess your condition and recommend when it’s safe for you to return to work. They might also recommend you have regular check-ups to check on your recovery progress. Your GP should be the only one completing regular progress certificates that dictate your capacity for any work.
It’s important to note that neither the employer, their insurers nor their appointed return-to-work providers have any right to attend doctor appointments for the treatment of an injured worker. They are expressly forbidden under the new Workers Compensation and Injury Management Act 2023. A workplace rehabilitation provider should only be involved if the worker’s GP certifies them with the capacity to do so. They should make case management appointments with your GP and you separately anywhere you are attending for treatment.
Your Recovery:
It’s important to prioritise your well-being. Returning to work too soon could hinder your recovery or injure you further. Waiting too long might also create obstacles for your reintegration into the workplace or workforce, so you will need guidance from a GP you trust.
Worker’s Obligations for Returning to Work
Understanding your rights and obligations when returning to work after an injury is essential to ensure a smooth transition back into your work environment. As an injured worker, your obligations are:
- Report your work injury early
- Complete the Workers’ Compensation Claim Form
- Attend medical and other treatment appointments arranged by your chosen treating doctor
- Provide open communication with employers and insurers
- Carry out agreed actions as outlined in the Return to Work Program to the best of your ability. If you find you can’t you should immediately return to your GP to discuss your capacity to do it.
- If you are referred to a workplace rehabilitation service provider, remember you have the right to choose one that suits you. Once a return to work plan is in place you are required to actively participate.
How To Return to Work After an Injury
Employers are required to establish a Return to Work Program if your doctor certifies you with the capacity to work or requests one on the progress certificate. Whether you return to your same duties and hours or an alternative role with limited duties/hours depends on what your GP states on the progress certificate. Here are the key steps to help you transition back into the workplace:
Consult your doctor:
Continue to follow your doctor’s recommendations and attend rehabilitation sessions as needed. You might be required to reduce your workload, and hours or change your duties completely depending on your injury.
Access Return to Work Provider:
You may choose to engage a workplace rehabilitation provider to help during the return to work process. You should make sure they are aware you are their client, not the employer or the insurer. If they don’t understand this, you should look at trying to appoint someone who does.
Seek Legal Advice:
If you encounter any issues related to discrimination, accommodations, or workers’ compensation, seek legal advice on your workplace injury claim. A workers’ compensation lawyer can offer guidance on what you are entitled to.
Unable to Return to Work
In some cases, an injury may leave you unable to return to your previous job. The Western Australian Workers Compensation Act allows for vocational rehabilitation services to assist individuals in looking at retraining for new job opportunities that align with their abilities and limitations.
Need Advice on Returning to Work?
Returning to work after an injury can be difficult. If you’re unsure of your rights or obligations at any point in the process, Anvil Legal are here to help. Our experienced workers’ compensation lawyers can offer expert advice to guide you through your recovery without any legal stresses. Get in touch with Anvil Legal today for a free consultation. Speak with a qualified lawyer who can explain your options.
