A new injury or aggravation during rehabilitation or return to work

Record the original injury and current restrictions

Keep the original acceptance, current certificate of capacity, rehabilitation plan and suitable-duties proposal. These records show the restrictions that should have applied when the later event occurred.

The plan should identify hours, tasks, weights, postures, breaks, supervision and review dates. A job title or the word “light duties” is not enough to understand the exposure.

Three different possibilities

The later episode may involve:

• a recurrence of symptoms from the original injury without a new injurious event
• an aggravation of the original condition during rehabilitation or work
• a new injury to the same or another body part during suitable duties or a work trial
• a new diagnosis discovered because the return-to-work attempt exposed unresolved restrictions

Facts and medical evidence determine the classification

SIRA Standard S5 emphasises that recurrence and new injury are distinguished by the facts and medical evidence. The opinion should identify the task, load or movement, the immediate change, examination findings and whether the later incapacity flows from the original condition or a new injury.

Where both the earlier injury and a new work event contribute, the insurer may examine which is the most material contributor. The worker should avoid guessing the legal label and instead record the actual event and symptoms accurately.

Preserve the return-to-work timeline

Record the plan start date, hours and duties actually performed, symptom changes, discussions with the supervisor or rehabilitation provider, any requests to modify work, the later event and medical attendance.

Roster, task and communication records may show that the real work differed from the written plan. They can also show whether restrictions had already been raised before the later injury or aggravation.

Review treatment and rehabilitation safely

The treating doctor should review whether the plan remains medically suitable and whether further tests or treatment are needed. The rehabilitation provider should not determine medical causation but may document tasks, attendance and observed difficulty.

A later incident does not mean all rehabilitation should stop indefinitely. Updated recommendations should identify safe tasks, restrictions and review points.

Old claim, added condition or new claim?

A recurrence may be managed by reactivating the original claim. A new event or injury may require a new claim. An additional diagnosis may require a separate liability decision within the existing claim.

Claim numbers, dates and insurer correspondence matter. Ask the insurer to state clearly which injury and period it accepts, rather than relying on informal telephone descriptions.

Common return-to-work disputes

Disputes may concern whether:

• the later symptoms are only a temporary flare-up rather than an injury or aggravation
• the worker performed tasks outside the documented restrictions
• a non-work event or pre-existing condition caused the change
• the original insurer or a later employer/insurer is responsible
• the worker still has capacity for modified duties after the event

WPI must follow the accepted injury history

Permanent impairment assessment depends on which injuries are accepted and whether they arise from the same injury or incident. Valid physical impairments are assessed under the relevant body-system methods and combined where permitted.

A temporary symptom increase does not itself establish permanent impairment. The assessor must avoid rating the same loss twice or combining impairments that the NSW Guidelines require to remain separate.

Weekly payments and suitable duties after the event

An updated certificate should identify current capacity and restrictions. The insurer may reassess earning capacity, but the real duties, hours, wage evidence and sustainability of attendance remain relevant.

If treatment or weekly payments are refused, obtain the written reasons. The response should address the specific dispute about injury date, causation, capacity or responsibility between claims.

Evidence checklist

Preserve the documents that show what the plan required and what occurred:

• original acceptance and certificates of capacity
• rehabilitation, suitable-duties and return-to-work plans
• rosters, task lists, weights, hours, breaks and supervisor instructions
• messages raising difficulty or requesting changed duties
• incident report, witnesses and medical attendance for the later event
• updated imaging, specialist reports and insurer decisions for both claim periods