Know Your Rights During The Rehabilitation Process

It is important to be aware of your rights when returning to work after a workplace injury.

Right to choose a GP

Once your workers compensation claim has been accepted, the insurer will likely implement an injury management plan and a return-to-work program. This is based upon the recommendation of a General Practitioner (GP).

Accordingly, it is crucial to be aware that you are entitled to choose your own treating GP.

It is recommended that you select your own GP, whom you visit regularly or have visited in the past. This is because these doctors are aware of your prior health conditions and are best equipped to provide advice on your recovery. You are also permitted to change your GP at any time throughout your claim.

Right to choose a Rehabilitation Provider

Insurers may require you to engage with a Rehabilitation Provider during your recovery process. These Rehabilitation Providers liaise with you, your treating GP and your employer to assist you to return to work, either with your pre-injury employer or with an alternate employer in line with any restrictions you may have after a workplace injury.

You are also entitled to choose your own Rehabilitation Provider, as opposed to proceeding with a provider organised by the insurer. It is recommended that you select your own provider, and we can assist you in this process.

Attending an Independent Medical Examination

You will be asked to attend an Independent Medical Examination (IME) as part of your workers compensation claim process.

An IME is carried out by an independent medical specialist who will examine you and provide their opinion on your diagnosis, causation of injury, including whether your injury was sustained at work, your capacity for work and comments on any medical treatment required.

You must attend an IME as this will allow the insurer to determine liability for your claim. However, before arranging an IME, the insurer must first attempt to obtain the above information from your treating GP. If they are unable to obtain this information from your GP, or if the information provided is inadequate, insufficient and/or inconsistent, the insurer is entitled to arrange an IME, and you are obliged to attend the appointment.

Attending an appointment with an Injury Management Consultant

If your workers compensation claim has been accepted, or provisionally accepted, the insurer may ask you to attend an appointment with an Independent Management Consultant (IMC).

The purpose of this consultation is for an IMC to communicate with you, your treating doctor and the insurer to discuss suitable options for a return to work, including an expected timeframe for your return, and any delays for recovery.

An IMC is usually engaged to resolve any uncertainties regarding the GP’s certificates of capacity or opinion.

Insurer representatives often pressure workers to attend these appointments and at times, may threaten to cease weekly benefits payments for a failure to attend.

However, there is no obligation for you to attend an IMC appointment.

Whilst you are required to submit yourself to medical examinations in order to be entitled to ongoing weekly compensation, an IMC is separate and distinct from an IME, as an IMC cannot provide medical opinion on causation and liability. They are also distinct from Vocational Assessors who conduct Work Capacity Assessments.

Given there is no obligation, you are entitled to refuse attendance. However, we highlight that each case is different and needs to be reviewed on a case-by-case basis. You should therefore likely obtain legal advice before refusing to attend.

Employer Attendance at Medical Appointments

Amendments to the Workers Compensation Legislation now prohibit employers from attending a worker’s medical appointment.

Under the legislation, employers or employer representatives (including insurer representatives) are not entitled to attend you medical treatment appointment or medical examination unless you explicitly request their attendance.

This applies regardless of

• When the appointment date was scheduled; even if the date of the appointment or examination was made and finalised before 1 July 2026;
• Whether the employer or the employer representative has previously attended an appointment with you; and
• Whether or not the purpose of the appointment is to consider ongoing treatment as opposed to new treatment.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.