I’ve found work. What do I do?

UnknownWhat happens if you have work?


The main focus of the current workers compensation system in NSW (and elsewhere) is to return to work – though returning to the workforce is more accurate a description.

If you have succeeded in doing this you have a few obligations.

1. You need to tell the insurer.

Both where you are working and what your projected income would be from your new job.

We would suggest doing this through a letter or an email (so you can track it) but do it you must. It is a fraud to not disclose any income you are receiving to your insurer- so don’t do it.

We would also suggest that you specially request that the insurer not contact your new employer. whether your new employer knows you have had a workers compensation claim or otherwise, as long as you can provide a copy of your employment contract and/or a copy of your first pay slip to confirm your current income that should be enough for any insurer or rehab provider.

Please be aware that not disclosing your current income is an offence (and fraud). It could result in legal action and screw up your new job.

2. They will work out whether you continue to be eligible for ongoing weekly payments

Yes, you may still be eligible for weekly income replacement depending on how much you earn each week at your new job. There is a calculation that they will do (which you can challenge through the regulator and WIRO) and you will be told whether you are entitled to ongoing income replacement or not. If you are earning the same or more than your income replacement payments then you will probably not be receiving any further payments from the insurer.

3. You will still be entitled to medical support for at least two years after your income replacement stops.

These continue and you will need to continue to supply the information the insurer needs to ensure they can continue to care for your medical needs.

4. You’re rights continue.

Don’t let the insurer or rehab tell you that you need to send them a letter withdrawing your workers comp claim. In fact, report them to the regulator if they do. What happens is that your claim is on”pause” while you are working (depending on whether you continue to receive income replacement payments). The claim exists and the insurers responsibility continues from where they were left off if you loose your position.

5. You may still be subjected to a work capacity assessment & decision.

This is the only way the insurer can kick you off the system (beyond denying liability) so you might still need to participate in that process- and you retain the same rights to appeal.

I would say that if you are working full time it might be hard to prove otherwise but you might not care if that happens.