Returning To Work: Why Your Certificate Of Capacity Matters

Every injured worker must obtain a certificate of capacity in order to claim benefits under the New South Wales workers compensation scheme. This article focuses on the role of the certificate of capacity when you are returning to work, or considering a return to work, following a workplace injury. A certificate of capacity is critical for you, your employer and the workers compensation insurer to enable you to manage your injury and safely return to work.

Among other objectives, your certificate of capacity plays an important role in determining your entitlement to weekly payments for periods of incapacity arising from your work injury. This includes partial capacity and restrictions, to facilitate a gradual return to work. In order to continue receiving these benefits, or to claim back payment of these benefits (where your claim is disputed), you must continue obtaining certificates of capacity and providing them to the insurer. This is an obligation of a worker under the Workers Compensation Act 1987 (NSW). It is not sufficient to provide a non-SIRA certificate of capacity.

Your certificate of capacity plays a critical role in your entitlement to weekly payments. Generally, you will only be entitled to the difference between your pre-injury average weekly earnings and your current ability to earn in suitable employment. This assessment is usually based on the hours you are certified as being able to work, the duties you are certified as being able to perform, and any restrictions recorded by your doctor in your certificate of capacity.

This means the insurer may consider your capacity for suitable employment more broadly, and not only whether your pre-injury employer has actually offered you suitable duties. In some circumstances, the insurer may also consider whether there are suitable duties available in the open labour market with another employer. If your certificate says you can work full-time hours, in alternative duties, the insurer may be entitled to reduce or cease your weekly payments.

It is for this reason that your certificate must reflect your actual restrictions in employment, both in terms of your capability, limitations and hours. Before your doctor certifies you as having capacity to return to work, you should make sure your doctor understands the proposed duties, hours, physical demands of the role, and any symptoms or flare-ups you experience when performing work-related tasks.

Before returning to work, you should check that your certificate of capacity accurately records:

• the hours you can safely work;
• the duties you can and cannot perform;
• any restrictions (either physical or psychological) lifting, bending, standing, sitting, driving, travelling to and from work, concentrating, problem solving etc;
• any treatment or rehabilitation needs; and
• whether you require a gradual or graded return to work.