Recovering from a work-related mental or physical injury is a process that should be treated with care. Having the right time, rehabilitation, and support are critical to recovery. WorkCover Queensland (WorkCover), or your employer’s insurer if they are self-insured (other insurer), can’t force you back to work if the medical evidence says you’re not ready. In this article we cover when it is and isn’t fair to be asked to return to work after suffering an injury or illness.
WorkCover independent assessments
Medical records are one of the most important pieces of evidence in a workers’ compensation claim. While your treating doctor or specialist may deem you unable to work, an independent medical assessment may be requested by WorkCover, or other insurer.
The role of the independent medical assessment is to get an objective opinion about your condition and your ability to return to work. It will include advice on recommended treatment, care, and your ability to return to work. This can be requested during your initial claim assessment (for psychological injuries especially), when evaluating medical treatment costs, or when determining if you’re well enough to return to work. It may also be used to confirm any long-term impacts that your injury or illness may have.
What are my options if the independent assessment forces me back to work?
In some cases, the injured worker may be unhappy with the outcome of the independent medical assessment. For example, there have been instances where staff working for insurers have had incentives to close compensation cases and get workers back to work. This resulted in cases being handled with the wrong intentions and not necessarily the injured worker’s best interests at heart. The result of this can be not receiving the appropriate amount of compensation or determining someone should return to work when they are not ready. Whatever the reason, you have options when you’re unhappy with an independent assessment.
If an insurer conducts an independent assessment that determines you are able to return to work but you’re not ready, you can challenge it. To do this, inform the insurer that you disagree with the outcome and request an internal review. Unfortunately, on most occasions the insurer will prefer the opinion of their own independent doctor over your treating doctor, and beyond the challenge there is little that can be done.
What are my obligations when receiving workers’ compensation?
Workers’ compensation will be paid by the insurer directly or through the employer. This is not considered wages and comes with legal obligations. You must make a reasonable effort to return to work, participate in rehabilitation, and complete return to work assessments.
There are a few reasons your payments may stop. These include your condition improving to a point where you can return to work, you receive a lump-sum payment due to a permanent impairment assessment, or your compensation reaches the maximum time allowed for payments.
What if I’m still struggling after returning to work?
Always follow your doctor’s advice when returning to work. Set boundaries and don’t do anything that will have a negative impact on your recovery process. If you face problems when returning to work, address these with the insurer, your employer, doctor or lawyer if necessary. It’s important to find suitable alternatives within the restrictions of your medical certificate and not feel pressured to complete work you don’t feel physically or mentally ready for. Your employer should provide options that fit with your rehabilitation efforts, are within the restrictions imposed by your medical certificate, and support your healing journey.
When returning to the workplace while managing an ongoing illness or injury, your employer must provide the appropriate support. This might include more breaks, flexible hours, working from home arrangements, workspace updates, and any additional tools, as supported by the medical evidence and in accordance with your medical certification.
How can you keep your recovery on track?
When something isn’t working for you, it’s important to understand your rights. For example, if you’re not satisfied with your rehabilitation provider, you have the right to request a new one (Queensland Workers Compensation and Rehabilitation and Other Legislation Amendment Bill).
As we’ve outlined in this article, you only have to return to work if a doctor has confirmed you are medically ready to. Getting back into the workforce is a process that should be treated with the care and gravity it deserves. For some cases this might mean starting on a part time basis to rebuild and increase confidence with reduced hours. For others, it might look like retraining for a different job if you’re unable to perform your previous duties.
If you’re navigating a workers’ compensation claim or thinking about starting one, we’re always here to help. Get in touch for advice about your rights and other questions you might have.