5.3.1 Review claim

Review the claim to determine whether the claim is within the aggregate 12 employment obligation period.

Note: If the claim was made before 1 July 2010, the calculation of this period is based on the legislation in place before 1 July 2010.

If claim not within obligation period

If the claim is no longer within the obligation period, an employer’s failure to provide suitable or pre-injury employment (1) In this Part — pre-injury employment means the employment of a worker in a position which is the same as or equivalent to the position in which the worker was employed before receiving the injury is not an offence. However, Agents should encourage employers to make such offers.

Check RTW planning and consultation activity

Check whether adequate RTW planning and consultation has been undertaken.

Identify the evidence available (eg is there written RTW Return to Work information on the claim file, are there file notes on the system).