If you have been injured at work and are receiving weekly payments an insurer may seek to review your capacity for work, this is done by way of a work capacity assessment.
The purpose of the work capacity is assessment is to determine whether you have no work capacity or capacity to return to your pre-injury work, or a form of suitable duties. The assessment is arranged by the insurer, who must provide reasonable notice to you.
In arranging an assessment there are things the insurer must tell you, including what information you can provide to be considered, the purpose of the assessment, the completion date and the matters it may decide based on the assessment. Although insurers can arrange a capacity assessment at any time, they are required to do so at certain times whilst you are in receipt of weekly payments of compensation.
Where the insurer assesses that you can’t return to pre-injury duties, the assessment must also assess whether there is employment that would be suitable. There is an obligation on your employer to provide suitable duties to you where there has been a work related injury.
The insurer can only require you to attend appointments that are reasonably necessary. In addition, you can only be required to attend a maximum of 4 appointments per assessment, and of these there cannot be more than one appointment with any one of the same type of medical specialist or the same type of health care professional.
However, if you refuse to attend an appointment or refuse to properly participate in the assessment, the insurer can suspend your weekly payments of compensation. It is therefore important to not only attend appointments but properly participate in the medical appointment.
Workers with high needs, i.e. with levels of assessed whole person impairment in excess of 30% are not required to participate in work capacity assessments. We advise workers who are assessed as having high needs to decline participating in a work capacity assessment.
If you have been injured at work and need advice about your rights and entitlements, please call one of our experienced compensation team in Bathurst, Lithgow or Oberon on 1800 650 656. We're here to help!
Angus Edwards | Principal