Returning to work is a process that requires a collaborative effort between the employer, injured worker and medical practitioner. It is good for a worker to return to safe and sustainable work as soon as possible as it helps their recovery and helps employers maintain productivity.

While employers have legal obligations in this process, workers are strongly encouraged to fully participate in developing an appropriate return to work program.

It is in the best interests of the worker to have a say in determining their future at work by being involved in discussions that affect them. These include developing alternate or different duties that are meaningful to both the worker and the employer, modifying existing duties or obtaining different equipment to help the worker.

If a worker chooses not to cooperate with their employer in the return to work process, an Arbitrator may be required to intervene.

An employer may apply for an order of an Arbitrator, after which the Arbitrator may require the worker to participate in a return to work program if satisfied that:

(a) a return to work program is required under section 155C(1) to be established for the worker;

(b) the worker, without reasonable excuse, refuses or has failed to participate in a return to work program; and

(c) the establishment, content and implementation of the return to work program are, or will be, in accordance with the code