Receiving a return-to-work notice from your employer’s insurer is a serious matter. This notice indicates that your income compensation will likely be reduced or stopped completely. However, if you haven’t returned to your full pre-injury duties and hours, you may still be entitled to compensation payments. Understanding what this notice means, how it impacts your compensation claim and how to respond appropriately is essential.
What is a Returned to Work Notice?
A return-to-work notice, also known as an Intention to Reduce or Discontinue Income Compensation form, is a legal document you might receive while on workers compensation in WA. It is supposed to be issued when an injured worker when one of the following has occurred:
- The injured worker has returned to full pre-injury hours and duties with no restrictions, and the worker is certified to do so by their GP.
- The worker has entered into a new contract of service for a new role within the restrictions set by their GP.
- The insurer has received a section 32 declaration from you confirming you have commenced paid employment.
A return to work notice informs the employee that their injury compensation will be reduced or discontinued, and they will now receive wages instead. Return to work notices usually detail:
- How your income compensation will change (reduced or discontinued)
- The date the worker returns to work
- What position and capacity (full or partial) the worker has returned to
Employee Rights and Responsibilities
As an employee, you are entitled to a safe workplace and duties that match your capacity to work. This means you should not be pressured to return to your full pre-injury duties if your GP has not cleared you to do so. You should have a return to work plan made by a supportive return to work provider of your choice (contact us for the names of one if you didn’t appoint your current one). Workers have the right to have the decision reviewed by disputing the notice if they believe it to be incorrect. This may involve providing medical evidence that supports your capacity (or lack thereof) to work.
Learn More: Returning to Work After a Workplace Injury
How to Dispute a Return to Work Notice
Sometimes, return to work notices are issued incorrectly. This notice can be disputed if the worker has not actually returned to their full pre-injury duties and hours or still has restrictions in place due to their injury. This is only applicable if they are still under their initial contract of service. In these cases, you can dispute a return to work notice in two ways:
Internal Dispute
The decision can be reconsidered through an internal dispute resolution process with your employer and their insurance provider. However, we strongly recommend that you contact a lawyer if you want to do this.
Formal Dispute
The decision can also be disputed by applying for dispute resolution with WorkCover WA. They do not really provide support to injured workers, but the dispute resolution authority has services, including conciliation and arbitration. You are also entitled to have a lawyer act for you, and as it is a complex jurisdiction, that is always a good idea. Resolving a dispute through WorkCover WA involves two main stages:
- Conciliation: You and your lawyer meet with a representative from your employer’s insurer at a conciliation conference. An independent and impartial conciliator will guide the discussion, working to help both parties reach an agreement.
- Arbitration: After the conciliation process has concluded or if the matter is deemed not suitable for conciliation, the dispute can proceed to arbitration. This is a formal proceeding where both parties present their arguments and evidence to a qualified Arbitrator. It can be a lengthy process, but the arbitrator will make the final decision at some stage.
Recent Changes to Return to Work Notices in WA
In 2025, some changes were made to return-to-work notice forms. These changes were made so that the forms better align with the new Workers’ Compensation and Injury Management Act 2023, which took effect on 1 July 2024. Under the new Act, some notices were being issued when there clearly had not been a return to work.
Need Legal Advice on Returning to Work?
It’s best to seek legal advice when you receive a return to work notice. A workers compensation lawyer will ensure your rights are protected and find the best course of action for disputing a notice. Get in touch with Anvil Legal today for a free consultation. Speak with a qualified lawyer who can explain your options.