A return to work program is a formal program developed as part of an injury management system, and may be required to help an injured worker remain at work or return to appropriate duties. The employer and injured worker develop a program in consultation with the worker’s medical practitioner.

The Code of Practice (Injury Management 2005) (the Code) outlines requirements in terms of establishment, content and implementation of return to work programs. If the Code states that an employer “has to” take action relating to a return to work program, it is mandatory.

A return to work program is required in certain situations, including:

• the worker’s treating medical practitioner advises the employer in writing that a return to work program should be established for the worker;
• the worker’s treating medical practitioner signs a medical certificate indicating that the worker has partial capacity to return to work; or
• the worker’s treating medical practitioner signs a medical certificate indicating the worker has total capacity to return to work, but for some reason, the worker is not able to return to the position held by the worker immediately before the injury occurred.

Where a worker has total capacity to return to work and has returned to the position held prior to the injury, a return to work program is not required.

The treating medical practitioner usually makes decisions about an injured worker’s capacity to return to work, so employers are encouraged to provide information regarding available duties to the treating medical practitioner.