Mar 24, 2025 • 7 min read
Navigating Return to Work on Workers Comp (NSW Edition)
What does it mean to ‘return to work’? Learn more about this stage of workplace rehab, and what it means for you—as an injured worker or employer.
Written by: Eisabess Chee
Returning to work following a workplace injury can be challenging for both workers and employers. Understanding the NSW workers compensation system, your rights and responsibilities, and the resources available to support a successful return to work is crucial.
This guide aims to provide clarity on the return to work process in NSW, helping injured workers and employers navigate this complex journey together.
Understanding Return to Work
What Is Return to Work?
Return to work (RTW) refers to the process of helping an injured worker get back to suitable employment in a safe and sustainable way after a workplace injury.
This doesn’t necessarily mean returning to the exact same role or hours immediately. Rather, it’s a planned and coordinated approach to recovery that considers the worker’s medical condition, capabilities, and the workplace environment.
Why Return to Work Matters
Research consistently shows that appropriate work is good for health and wellbeing. Prolonged absence from work can lead to:
- Decreased physical and mental health
- Loss of social connections and professional identity
- Financial difficulties
- Reduced likelihood of ever returning to work
Returning to work (or even recovering at work) supports both the physical and mental well-being of injured workers. By returning to work, they can resume participation in activities that bring joy while reducing chances of long-term health complications.
More importantly, an early and safe return to work is associated with better recovery outcomes and helps workers maintain their skills, confidence, and connection to the workplace.
Rights and Responsibilities in the Return to Work Process
For Injured Workers
Your rights:
- Receive appropriate medical treatment for your injury
- Have a say in your return to work planning
- Be provided with suitable duties (where reasonably practicable)
- Be treated with dignity and respect throughout the process
- Access to information about workers compensation entitlements
- Protection from dismissal due to your work-related injury within 6 months of injury
Your responsibilities:
- Notify your employer of your injury as soon as possible
- Seek appropriate medical treatment and follow medical advice
- Participate actively in rehabilitation and return to work planning
- Communicate regularly with your employer and insurer
- Provide Certificates of Capacity to your employer and insurer
- Make reasonable efforts to return to work in suitable employment
For Employers
Your obligations:
- Maintain a safe workplace to prevent injuries
- Notify your insurer of any workplace injuries within 48 hours
- Develop a return to work program for your workplace
- Consult with injured workers about return to work planning
- Provide suitable work where reasonably practicable
- Appoint a Return to Work Coordinator (for category 1 employers)
- Maintain relevant workers compensation insurance
- Stay in regular contact with injured workers
- Create a supportive workplace culture around injury and recovery
- Be flexible and creative in identifying suitable duties
- Implement workplace modifications where necessary
- Train supervisors on effective return to work management
The Return to Work Planning Process
1. Initial Response and Notification
Immediately following an injury:
- The worker should notify their employer as soon as possible
- The employer must notify their insurer within 48 hours
- The worker should seek appropriate medical treatment
- The worker’s doctor will issue an initial Certificate of Capacity
For more information, see our blog article: If You Are Injured at Work, Here’s What You Should Do Next. Or you can fill up the form below to instantly receive a handy step-by-step guide in your inbox!
2. Developing a Return to Work Plan
A return to work plan should be developed in consultation with:
- The injured worker
- The employer
- Treating health professionals
- The insurer’s case manager
- Any rehabilitation providers involved
The plan should detail:
- The worker’s current capacity and restrictions
- Suitable duties identified
- Hours of work
- Any workplace modifications required
- Timeframes for increasing duties/hours
- Support and supervision arrangements
- Review dates
3. Implementing Modified or Alternate Duties
Examples of modifications might include:
- Reduced hours or different shift patterns
- Alternative tasks within the worker’s capacity
- Ergonomic adjustments or equipment
- Additional breaks or rest periods
- Gradual increase in duties or hours as recovery progresses
- Temporary reassignment to a different role
4. Monitoring and Reviewing Progress
Regular reviews should be conducted to:
Assess the worker’s progress and recovery
Update medical information and capacity assessments
Adjust the return to work plan as needed
Address any barriers or challenges
Celebrate milestones and achievements
Support Services and Resources
Insurance and Case Management Support
Workers compensation insurers in NSW have obligations to:
- Approve reasonable and necessary medical treatment
- Pay weekly benefits according to the legislation
- Appoint a case manager to coordinate the claim
- Fund rehabilitation services when required
SIRA and SafeWork NSW
The State Insurance Regulatory Authority (SIRA) and SafeWork NSW provide resources, information, and support for workers and employers:
- SIRA regulates workers compensation insurance and provides information resources
- SafeWork NSW focuses on workplace safety and injury prevention
Independent Support Services
Additional support is available through:
- Workers Compensation Assist
- Unions and employee representatives
- Legal professionals specialising in workers compensation, such as lawyers
- Injury management consultants
- Workplace rehabilitation providers
Let Us Guide Your Return to Work
If you’re navigating the return to work process in NSW, you don’t have to do it alone. Whether you’re an injured worker looking to get back on your feet or an employer wanting to support your team member’s recovery, AusRehab’s expert guidance can make all the difference.
Don’t let confusion about the system delay recovery or increase costs. Reach out to our team for a free, no-frills consultation.
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Eisabess Chee is a seasoned writer with over 8 years of diverse experience in education, journalism and marketing. At AusRehab, she oversees content creation through research, writing, editing, and the crafting of resources that tackle workers compensation and workplace injury. Eisabess also curates the AusRehab newsletter, ensuring it’s packed with valuable and well-researched insights.
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