As part of your Workcover claim, both you and the insurer have rights and obligations that you must comply with in order to ensure that you access all relevant services available to you.
A workers’ access to reasonable rehabilitation is often forgotten in the midst of other entitlements.
Significantly, if a worker is unable to access reasonable rehabilitation entitlements, that could detrimentally impact on their potential recovery and ability to get back to any work.
Your Workcover insurer may send you to an occupational rehabilitation provider as part of an assessment as to whether you are able to return to work with your employer or alternatively, whether you may be able to be retrained to work with another employer.
You have obligations to participate and co-operate with the employer and rehabilitation provider in circumstances where they are seeking information in relation to your work capacity, considering rehabilitation progress and any future employment prospects.
Conversely, you have the right to access reasonable rehabilitation which can include retraining.
Disputes can arise where the insurer refuses to pay for what you may consider to be a reasonable retraining request. Your potential retraining entitlements are extensive and can include Tafe courses, computer courses and even in some circumstances, funding for University degrees. It depends on what is reasonable in your circumstances.
If you make a retraining request and the WorkCover insurer refuses, you need to seek legal advice about whether that is a decision that can be challenged.
At Rubicon Compensation Lawyers, we are happy to assist you with these disputes as we realise the impact that not getting the opportunity to be retrained can have on your life long term.
We will help you run your claim and will not charge you any costs if we are able to get paid by the insurer if they change their decision.