WorkSafe Victoria Worker’s Certificate of Capacity – What you need to know

WorkSafe has created a short video that explains how to obtain a Certificate of Capacity and the significance of the certificate.

What You Need To Know

The Transport Accident Commission (TAC) and the Victorian WorkCover Authority have redesigned the Certificate of Capacity (VWA). This was accomplished through research that shows that working is good for a person’s health and well-being in general. WorkSafe also simplified the wording, reduced the number of forms, and made it available online to make it easier to understand. As a result, it will be easier to assist injured workers in returning to work. A FAQ sheet on understanding the updated Transport Accident Commission (TAC) and Victorian WorkCover Authority certificate of capacity FAQ sheet can be found here.

What is a Certificate of Capacity?

A Certificate of Capacity is a legal document that details your injury, sickness, capacity to work, and any restrictions you may have on carrying out your regular duties.

Do I need a certificate of capacity?

You need a Certificate of Capacity if you want to be eligible for weekly payments (amounts paid to you for absence from work) or if you can’t work at your previous job due to your injury. You don’t need one if all you’re claiming are medical expenses for treatment.

How do you get a Certificate of Capacity?

The Certificate of Capacity is available for download and printing, but it needs to be filled out by a doctor (general practitioner, surgeon, or psychiatrist), physiotherapist, chiropractor, or osteopath.

The doctor (often referred to as a certifier) could get in touch with your employer to learn more about your work.

To plan your successful return to work, they might also be contacted by your employer, your designated return to work coordinator, your occupational rehabilitation provider, or the WorkSafe agent (also known as the “insurer”.

What happens during the session with my medical practitioner?

• give a diagnosis and identify the injury
• complete the certificate based on what you are able to do at work
• and provide a timeline for recovery and return to work.

The medical practitioner (also known as a certifier) has the ability to:

• revise the certificate as the injury, condition or capacity changes
• assess and certify your working capacity, regardless of whether suitable employment is available
• discuss returning to work with you from the first consultation
• set realistic expectations with you about return to work timelines
• review any proposed return to work arrangements from the employer to ensure that the proposed duties fit within the capacity you have certified

Who can sign the Worker’s Certificate of Capacity?

From July 1, 2014, the Certificate of Capacity was implemented. On the certificate, the certifying practitioner is expected to submit certain details. WorkSafe agents and employers utilise Certificates of Capacity to establish a worker’s capacity for work and the severity of their injury. It specifies when the injured worker will be capable of returning to pre-injury employment, acceptable employment, or no capability for employment.

Certificate of Capacity (Also known as Medical Certificate)

The initial medical certificate (also known as the first certificate or initial Certificate of Capacity) is only valid for 14 days, whereas the subsequent Certificate of Capacity is only valid for 28 days. For the initial medical certificate (first certificate) or ongoing Certificates of Capacity, your WorkSafe agent may authorise a term greater than 14 days. If there are unique circumstances (a subsequent certificate), your WorkSafe agent may grant an extended certificate if he or she believes there are particular grounds. Only your WorkSafe agent can issue an initial medical certificate that is valid for more than 14 days or recurrent Certificates of Capacity that are valid for more than 28 days if the following conditions are met:

• there are special reasons written on the certificate, explaining why the certificate covers a longer period or

• your WorkSafe Agent has enough information from the worker’s file to infer from the details on the certificate that there is a special reason for an extended certificate and

• your WorkSafe Agent is satisfied that there are special reasons to warrant an extension.

Note: A certificate is valid even if the extended period is not authorised, i.e. the certificate is still valid for 14 days (first certificate) or 28 days (subsequent certificate).

Information for your Worker

To claim weekly payments, your workers must obtain:

• the initial Certificate of Capacity from a medical practitioner

• a continuing Certificate of Capacity from a medical practitioner or other specified Treating Health Practitioner (THP).

The workers must provide the Certificate of Capacity to their employer (or their WorkSafe agent if the worker is made a direct payee). The Certificate of Capacity is not considered as having been provided:

• until the certificate is actually received by the employer (or WorkSafe agent)

• if the certificate has been given to the worker’s legal representative such as a lawyer or a solicitor.

Information for the Employer

As soon as you received the worker’s injury claim form, you must immediately forwards the initial Certificate of Capacity to your WorkSafe Agent together with the Worker’s Injury Claim form, the Employer Claim Report and any ongoing Certificates of Capacity. (see How To Get a Certificate)

The different types of Certificates of Capacity

Initial Certificate of Capacity (first certificate)

Only medical practitioners can sign the initial medical certificates (first certificate). Under the legislation, unless inconsistent with the context or subject matter — The term medical practitioner means:

1. a person registered under the Health Practitioner Regulation National Law to practise in the medical profession (other than as a student) and
2. in relation to anything done for the purposes of this Act —
   • in a place within Australia but outside Victoria, a medical practitioner who is lawfully qualified in that place to do that thing and
   • in a place outside Australia, a medical practitioner who is lawfully qualified in that place to do that thing and who is approved for the purposes of this Act by the Authority or self-insurer.

• a medical practitioner registered to practise in the medical profession (other than as a student) under the Health Practitioner Regulation National Law

• a lawfully qualified medical practitioner
  • in Australia
  • outside Australia which is approved by WorkSafe.

Ongoing (or Subsequent) Certificate of Capacity

After the first medical certificate is issued by a medical practitioner, ongoing Certificates of Capacity (subsequent certificates) can be signed by a:

• medical practitioner

• physiotherapist – Registered physiotherapist means a person registered under the Health Practitioner Regulation National Law to practise in the physiotherapy profession (other than as a student).

• chiropractor – a person registered under the Health Practitioner Regulation National Law to practise in the chiropractic profession (other than as a student)

• osteopath.

The practitioners must be registered to practise in their profession (other than as a student) under the Health Practitioner Regulation National Law.

Attendance Certificate

An Attendance Certificate can be issued to confirm attendance for treatment with a Medical practitioner, Physiotherapist, Chiropractor or Osteopath. Note that an Attendance Certificate is not a Certificate of Capacity.

Digital/electronic/typed signatures by certifying practitioners

WorkSafe Agents may receive certificates signed in the following manner:

The certifier must sign the certificate in accordance with the above, otherwise, the certificate may need to be signed and re-submitted.

Changes in signatories

If there is a change in a signatory on a certificate, especially after a long period of incapacity, your WorkSafe Agent needs to be satisfied with the reasons for the change.

The reason could be:

• the worker has changed their address

• the Treating Health Practitioner (THP) has changed their address

• the worker is seeing a specialist or

• the worker’s usual THP is absent and the worker is seeing another practitioner from the same clinic.

If there is an unexplained reason, your WorkSafe Agent may enquire why the former practitioner is no longer certifying the worker’s incapacitated for work.

Scan our QR Code to connect!

Disclaimer:

The information in this post is strictly for informational and educational purposes only and should not be construed as legal advice. It is not intended to express specific opinions about specific cases. Before acting on any of the issues discussed in this post, seek additional advice. The information provided should not be relied on for any purpose other than to assist you to understand how Workers’ Compensation insurance works. It is for illustrative purposes only and My WorkCover Solutions Pty Ltd does not accept liability for any loss or damage suffered by any person resulting in any way from the use of or reliance on, the information provided. The information in this article is believed to be correct as of the date of publication. However, changes in the applicable laws may have an impact on the accuracy of the material. This article contains general information that is not tailored to any specific person’s situation. This publication may contain information that relates to the regulation of Workers’ Compensation insurance in your State or Territory. To ensure you comply with your legal obligations, we would recommend you refer to the appropriate legislation as currently in force in the State or Territory you conduct your business. You can find up-to-date legislation by visiting each state’s WorkCover Authority website, alternatively, contact myWorkCover for updated information.