5.2.6 Employer to notify Agent of RTW of a worker

An employer must notify their Agent if a worker:

• who has been receiving weekly payments for no current work capacity Under the legislation, unless inconsistent with the context or subject-matter — current work capacity, in relation to a worker, means a present inability arising from an injury such that the worker is not able to return to his or her pre-injury employment but is able to return to work in suitable employment, declared training program returns to work with the employer
• there is a change in current weekly earnings of a worker who has been receiving weekly payments.

Penalties apply for non-compliance

Failure to notify a return to work may be the result of a genuine error or a deliberate attempt to deceive.

If there are grounds to suspect that the employer/worker has continued to receive weekly payments by deception, Agents must refer the matter to the Team Leader - Employer Team, Compliance and Enforcement Division of WorkSafe.

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