What this document or stage means
Read the task list, not just the job title. The plan should say what the worker will do, for how long, with what restrictions, supervision and review arrangements.
Who prepares or controls it
- The employer develops the workplace plan in consultation with the worker and uses the current capacity information.
- The nominated treating doctor may review whether proposed duties fit the medical restrictions. A rehabilitation provider may help assess the workplace and structure duties.
- The insurer may coordinate the process, but should not treat the plan as a replacement for a formal work capacity decision.
Why it is part of the claim
- The worker has some current capacity and the employer proposes modified hours or duties.
- The worker is increasing hours or tasks, returning after treatment or changing restrictions.
- A previous attempt did not last and the participants need a safer, more specific plan.
What to check
Dates, hours and location
Check start date, shift times, days, breaks and work location. Travel or commuting demands can matter to capacity even if the task itself is light.
Exact duties
Each duty should be described in practical terms, including weight, repetition, posture, concentration, customer contact or exposure where relevant.
Restrictions and supports
The plan should reproduce the clinically relevant limits and identify equipment, supervision, task rotation or recovery breaks.
Escalation and review
It should say who the worker contacts if symptoms increase, what happens if a task is unavailable and when the plan will be reviewed.
Sign-off and distribution
Check whether the worker was consulted and that the worker, employer, insurer and treating doctor receive the final version where appropriate.
Mistakes or gaps to look for
- A generic duty such as “administration” hides lifting, prolonged sitting, driving or customer demands.
- The hours match the certificate but the combined tasks or travel do not.
- No alternative is stated when a listed suitable duty is unavailable.
- The plan assumes that a temporary increase proves permanent work capacity.
- A failed attempt is described as refusal without recording symptoms, task demands or the worker’s report.
Evidence to keep
- Current and recent Certificates of Capacity.
- The ordinary job description and a task-level description of the proposed duties.
- Workplace or ergonomic assessment, equipment details and any rehabilitation provider report.
- A diary of hours, tasks, symptoms, breaks and assistance during the trial.
- Emails reporting problems and each revised plan.
What happens next
- Raise a specific mismatch before starting where possible, and ask the treating doctor to review actual duties rather than a job label.
- If symptoms increase, report what task and duration caused the problem and seek timely clinical review.
- If the insurer later reduces payments through a work capacity decision, assess that formal decision separately from the workplace plan.
Timing and deadlines
- The plan should be prepared before the proposed duties start and reviewed at the stated date or sooner if capacity changes.
- No single universal notice period applies to every plan change. A later insurer work capacity decision has separate statutory notice and dispute rules.
- The employer’s duty to provide suitable work applies where it is reasonably practicable and is assessed on the actual circumstances.
When legal advice may be useful
- Advice may be useful where the plan exceeds medical restrictions, a failed attempt is used to allege non-cooperation or weekly payments are threatened.
- A lawyer can separate an employment or plan dispute from a formal workers compensation decision and preserve the relevant evidence.
Illustrative example
Illustration: light duties with hidden lifting
A retail worker’s plan lists “customer service and stock checks”. The certificate limits lifting to five kilograms, but stock checks require moving boxes from floor level throughout the shift.
- Break the task into weight, frequency, posture and duration.
- Ask the employer to remove or redesign the lifting component.
- Give the treating doctor the actual task description before sign-off.
Common questions
Do I have to sign a plan I think is unsafe?
Do not ignore the plan. Identify the precise task or hour that conflicts with the medical restriction, put the concern in writing and seek prompt clinical or legal advice.
Is a recovery-at-work plan a work capacity decision?
No. It is a workplace plan. An insurer work capacity decision is a separate statutory decision with notice and dispute rights.
Can a rehabilitation provider decide my medical capacity?
No. The provider can assess tasks and barriers and report observations. Medical capacity remains a clinical matter, while the insurer makes any statutory work capacity decision.
What if the suitable duties are not actually available?
Record what was unavailable and what the employer offered instead. Actual availability can be relevant to recovery planning and to any later suitable-employment assumption.
Need help checking a claim document?
Send the decision, report or plan with a short explanation of what has changed. We can assess the dispute and whether an ILARS funding application may be available, subject to eligibility, merits and IRO approval.
Related claim and dispute guides
- Certificate of Capacity
- Work capacity decision disputes
- When a plan does not match restrictions
- When the provider and doctor disagree
- NSW workers compensation legal help
- Starting a workers compensation claim
- Reading a section 78 notice
- Personal Injury Commission disputes
- IRO and ILARS legal funding
- Request a claim review
Legal service provider
NSW workers compensation help from Stephen Young Lawyers
NSW Work Injury Claim is the workers compensation service of Stephen Young Lawyers. Stephen Young Lawyers provides the legal service. Stephen Young Lawyers.
Stephen Young Lawyers was established in 2012. The firm is led by Stephen Young, Principal Solicitor and Accredited Specialist in Personal Injury Law.
Workers across New South Wales can arrange telephone or video appointments. In-person appointments can be arranged at the Sydney office when appropriate.
NSW Work Injury Claim enquiries: (02) 7233 3661
- Content publisher:
- NSW Work Injury Claim
- Published:
- Last legally reviewed:
Key legal sources
- Workers Compensation Act 1987 (NSW)
- SIRA workers compensation
- IRO legal assistance for injured workers
- Personal Injury Commission
- SIRA Recover at Work planning tool
- SIRA guidance on providing suitable work
- SIRA Guidelines for workplace return to work programs
- Workplace Injury Management and Workers Compensation Act 1998, Chapter 3
This information is general in nature and is not legal advice. You should obtain advice about your own circumstances.
Last legally reviewed: . This page provides general information about NSW workers compensation procedure. It is not legal advice, and the correct response may depend on the document, injury date and dispute.