Return to work

A return to work program is an integral part of Injury Management.

You are required to develop a return to work program in the approved form for your injured worker as soon as practicable when:

  • your worker’s treating medical practitioner advises you in writing that a return-to-work program should be established for your worker
  • your worker’s treating medical practitioner issues a Certificate of Capacity indicating your worker is partially incapacitated for work
  • an arbitrator determines, or the parties to a dispute agree, that your worker has suffered an injury for which compensation is payable and the worker is partially incapacitated for work.
What should be included in a return to work program

The Workers Compensation and Injury Management Regulations 2024 (the Regulations) outline the requirements of establishment, content and implementation of return to work programs. 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 your worker to return to work and who is responsible for those actions.

See the Return to Work Program Explanatory Notes for information on when a return to work program is required to be established and how to complete a return to work program in the approved form.

What is expected of you

Your expectations are outlined in our Return to Work Employer Obligations Fact Sheet.

Seek worker participation and agreement

You must provide your injured worker with the opportunity to participate in the establishment of their return to work program and take reasonable steps to ensure they agree with its content. It is not adequate to simply provide your worker with information about a program developed for them.

If there are any disagreements, you should attempt to resolve them directly with your worker. If issues cannot be resolved, discuss the issue with your insurer and consider arranging a case conference with your worker’s treating medical practitioner.

If attempts to reach an agreement with your worker fail, you are encouraged to confirm the return to work direction with them in writing. If there is a dispute between yourself and your worker, reach out to your insurer to try to resolve it. If this approach fails, you can make an application to the Workers Compensation Conciliation Service.

For more information, see the Resolving a dispute section.

Timeliness
You must take reasonable steps to ensure the actions listed in a return to work program are done in a timely manner.
Retention of the worker's position

You must keep an injured worker’s position available during the ‘employment obligation period’, unless it is not reasonably practicable to do so, or else provide a suitable position to the worker.

The employment obligation period is the 12-month period commencing on the day your worker first had an incapacity for work as a result of their injury.

A suitable position is one your worker is qualified for, capable of performing, and is comparable in pay and status to their previous position.

Dismissal of a worker

You cannot dismiss a worker solely or mainly due to their incapacity for work, or for any reason during the employment obligation period unless you give the worker notice in the approved form at least 28 days before the dismissal takes effect. See Information Sheet 34 for more information.

If a worker is in receipt of income compensation payments at the time of dismissal, you will need to continue making these payments and any other statutory entitlements payable to the worker.

Contact your insurer or our Advice and Assistance Service on 1300 794 744 to discuss your particular situation.

What is expected of your injured worker

Active participation by your injured worker is required under the Act and is essential for successful injury management in both planning and executing the return to work program and making reasonable efforts to return to work.

Your injured worker’s obligations

It is reasonable to expect your injured worker to:

  • report any injury early
  • complete the Workers Compensation Claim Form
  • make reasonable efforts to return to work
  • give each progress Certificates of Capacity to you or your insurer within seven days of receipt (unless provided directly to you by the health professional)
  • attend medical and other treatment appointments arranged by their treating doctor, or where permitted, arranged by you
  • 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 levels of communication without undue delay
  • cooperate and participate in the establishment of a return to work program
  • comply with reasonable obligations in a return to work program and immediately inform the Injury Management Coordinator and their line manager of any difficulties carrying out the return-to-work program
  • if referred to an approved WRP for a workplace rehabilitation service, actively participate in all aspects of the service and work cooperatively with the service provider
  • comply with any requirement to attend a return to work case conference and participate and cooperate in the case conference
  • advise of any changes in their contact details
  • advise of any changes to their treating doctor or other treatment providers.

More information can be found in our Return to Work Worker Obligations Fact Sheet.

Resolving non-cooperation

If your worker chooses not to cooperate in the return-to-work program, you should raise it with your insurer to discuss and attempt to resolve. If this is unsuccessful, you or your insurer can lodge an application with WorkCover WA’s Conciliation and Arbitration Services. You must continue to pay your workers their weekly income compensation payments, despite any non-cooperation. Penalties can apply if you discontinue payments without authorisation.

For more information about conciliation and arbitration, see the Resolving a dispute section.

What is expected from the treating medical practitioner
You and your injured worker can expect a treating medical practitioner to:

  • direct medical treatment
  • provide a diagnosis and prognosis of your worker’s injury
  • produce a First Certificate of Capacity which outlines your worker’s capacity and restrictions and whether you are required to prepare a return-to-work program
  • regularly review your injured worker’s progress and issue a Progress Certificate of Capacity at each review if your worker is not fully recovered
  • issue a Final Certificate of Capacity when your worker is fully recovered.
Workplace rehabilitation providers
Workplace rehabilitation providers may be engaged to assist you and your injured worker with the return to work process.

Go to Workplace rehabilitation providers.

Discharging this obligation to your insurer

You may ask your insurer to assist you to comply with your obligations to establish and implement a return to work program, or to discharge those duties entirely.

If an insurer establishes and implements the return to work program on your behalf, they must comply with the Act where you would be obliged to do so, and the program is still in your name.

The insurer should involve you in decisions even when undertaking obligations on your behalf.

Extra resources

The WorkCover WA video Return to Work: A Guide for Employers outlines how an employer can assist and support their injured worker back to work.

The guide provides information to assist employers to understand their legal return to work obligations and implement effective injury management.

Contact our Advice and Assistance Service on 1300 794 744 for further information.