Work Capacity Decisions in Workers Compensation Claims
If you have made a Workers Compensation claim and the insurer has made a “work capacity decision”, you can now challenge that decision in the Workers Compensation Commission, following recent changes to NSW Legislation.
What is a Work Capacity Decision?
After suffering a workplace injury, you may be unable to return to your pre-injury duties, either permanently or temporarily. However, you may still have some capacity to work.
A Workers Compensation insurer is entitled to review your condition and make a “work capacity decision”, which may include a decision about any of the following:
- your current work capacity;
- your suitable employment;
- the amount you are able to earn in suitable employment;
- the amount of weekly payments you are entitled to;
- a suspension of your weekly payments; and
- a reduction of your weekly payments.
As of 1 January 2019, you can now challenge work capacity decisions through the Workers Compensation Commission.
As your solicitor, we can seek funding from the Independent Legal Assistance and Review Service (ILARS) to represent you. Funding is not means-tested, but based on whether you have a reasonable basis to challenge the decision.
If an insurer has notified you of a pending work capacity decision, we recommend you seek legal advice.
If you would like James to address a particular legal issue, send your request to james.blaxland@ticliblaxland.com.au
This article is intended to be for information and educational purposes only and cannot be relied upon as legal advice. The information may not apply to your circumstances or to your particular situation. If you need specific advice or you have any questions, we welcome you to contact us directly.
