Western Australian Current Acts

WORKERS' COMPENSATION AND INJURY MANAGEMENT ACT 1981 - SECT 155C

155C .         Return to work programs, employers’ duties as to

        (1)         An employer of a worker who has suffered an injury compensable under this Act must ensure that a return to work program is established for the worker as soon as practicable after either of the following occurs —

            (a)         the worker’s treating medical practitioner advises the employer in writing that a return to work program should be established for the worker;

            (b)         the worker’s treating medical practitioner signs a medical certificate to the effect that the worker has a total or partial capacity to return to work.

        (2)         Subsection (1) does not require a return to work program to be established for a worker —

            (a)         who has returned to the position held by the worker immediately before the injury occurred; and

            (b)         who has a total capacity to work in that position.

        (3)         An employer must ensure that the establishment, content and implementation of a return to work program are in accordance with the code.

        Penalty applicable to subsections (1) and (3): $2 000.

        [Section 155C inserted: No. 42 of 2004 s. 118.]