1. What is 'work capacity'?

‘Work capacity’ is a legislative term.

In general terms a work capacity decision is a decision by an insurer about whether you can work, for how long and at what type of work, which has an impact on the types of entitlement you can receive.

Can you return to work right now? If yes then for how many hours a week can you work and what sort of tasks can you do?

Click here for some examples of disputes

  • you disagree with the insurer on your ability to return to work
  • you disagree with the ‘suitable work’ (work you can do while you're recovering) the insurer has recommended for you
  • disagreement on how much you can earn in suitable employment
  • disagreement on your pre-injury average weekly earnings (PIAWE) or current weekly earnings, or
  • any other decision that impacts your entitlement to weekly payments of compensation