sec.220Insurer’s responsibility for rehabilitation and return to work

### sec.220 Insurer’s responsibility for rehabilitation and return to work An insurer must take all reasonable steps to secure the rehabilitation and early return to suitable duties of— workers who have an entitlement to compensation; and workers who are participating in an accredited rehabilitation and return to work program of the insurer. Maximum penalty—1,000 penalty units. The steps must include, but are not limited to, the steps prescribed by this section and sections 221 and 221AA . Without limiting subsection (1) , an insurer— may refer a worker who is receiving compensation for an injury to an accredited rehabilitation and return to work program of the insurer; and must refer a worker who is receiving compensation for an injury, and has asked the insurer to be referred to a rehabilitation and return to work program, to an accredited rehabilitation and return to work program of the insurer; and must refer a worker who has stopped receiving compensation for an injury under section 144A , 168 or 190 (2) , and has not returned to work because of the injury, to an accredited rehabilitation and return to work program of the insurer. However— subsection (3) (b) and (c) does not apply if the insurer is satisfied the program is not able to further assist the worker with rehabilitation for the injury; and subsection (3) (c) does not apply if the worker is already participating in an accredited rehabilitation and return to work program of the insurer. A worker who is referred under subsection (3) to an accredited rehabilitation and return to work program of an insurer is entitled to participate in the program until the first of the following happens— the insurer is satisfied the worker is unwilling or unable to participate in the program; the insurer is satisfied the program is not able to further assist the worker with rehabilitation for the injury; the worker receives a payment of damages for the injury; the worker receives a redemption payment for the injury; the worker receives compensation for the injury for 5 years. If a worker is aggrieved by either of the following decisions of an insurer, the worker may have the decision reviewed under chapter 13 — a decision under subsection (4) to refuse the worker’s entitlement under subsection (3) (b) or (c) to be referred to an accredited rehabilitation and return to work program of the insurer; a decision under subsection (5) that the worker is no longer entitled to participate in an accredited rehabilitation and return to work program of the insurer. s 220 amd 2005 No. 50 s 29 ; 2010 No. 24 s 9 sub 2013 No. 52 s 72 ; 2019 No. 33 s 61 amd 2024 No. 40 ss 40 , 65 sch 1 (sec.220-ssec.1) An insurer must take all reasonable steps to secure the rehabilitation and early return to suitable duties of— workers who have an entitlement to compensation; and workers who are participating in an accredited rehabilitation and return to work program of the insurer. Maximum penalty—1,000 penalty units. (sec.220-ssec.2) The steps must include, but are not limited to, the steps prescribed by this section and sections 221 and 221AA . (sec.220-ssec.3) Without limiting subsection (1) , an insurer— may refer a worker who is receiving compensation for an injury to an accredited rehabilitation and return to work program of the insurer; and must refer a worker who is receiving compensation for an injury, and has asked the insurer to be referred to a rehabilitation and return to work program, to an accredited rehabilitation and return to work program of the insurer; and must refer a worker who has stopped receiving compensation for an injury under section 144A , 168 or 190 (2) , and has not returned to work because of the injury, to an accredited rehabilitation and return to work program of the insurer. (sec.220-ssec.4) However— subsection (3) (b) and (c) does not apply if the insurer is satisfied the program is not able to further assist the worker with rehabilitation for the injury; and subsection (3) (c) does not apply if the worker is already participating in an accredited rehabilitation and return to work program of the insurer. (sec.220-ssec.5) A worker who is referred under subsection (3) to an accredited rehabilitation and return to work program of an insurer is entitled to participate in the program until the first of the following happens— the insurer is satisfied the worker is unwilling or unable to participate in the program; the insurer is satisfied the program is not able to further assist the worker with rehabilitation for the injury; the worker receives a payment of damages for the injury; the worker receives a redemption payment for the injury; the worker receives compensation for the injury for 5 years. (sec.220-ssec.6) If a worker is aggrieved by either of the following decisions of an insurer, the worker may have the decision reviewed under chapter 13 — a decision under subsection (4) to refuse the worker’s entitlement under subsection (3) (b) or (c) to be referred to an accredited rehabilitation and return to work program of the insurer; a decision under subsection (5) that the worker is no longer entitled to participate in an accredited rehabilitation and return to work program of the insurer. - (a) workers who have an entitlement to compensation; and - (b) workers who are participating in an accredited rehabilitation and return to work program of the insurer. - (a) may refer a worker who is receiving compensation for an injury to an accredited rehabilitation and return to work program of the insurer; and - (b) must refer a worker who is receiving compensation for an injury, and has asked the insurer to be referred to a rehabilitation and return to work program, to an accredited rehabilitation and return to work program of the insurer; and - (c) must refer a worker who has stopped receiving compensation for an injury under section 144A , 168 or 190 (2) , and has not returned to work because of the injury, to an accredited rehabilitation and return to work program of the insurer. - (a) subsection (3) (b) and (c) does not apply if the insurer is satisfied the program is not able to further assist the worker with rehabilitation for the injury; and - (b) subsection (3) (c) does not apply if the worker is already participating in an accredited rehabilitation and return to work program of the insurer. - (a) the insurer is satisfied the worker is unwilling or unable to participate in the program; - (b) the insurer is satisfied the program is not able to further assist the worker with rehabilitation for the injury; - (c) the worker receives a payment of damages for the injury; - (d) the worker receives a redemption payment for the injury; - (e) the worker receives compensation for the injury for 5 years. - (a) a decision under subsection (4) to refuse the worker’s entitlement under subsection (3) (b) or (c) to be referred to an accredited rehabilitation and return to work program of the insurer; - (b) a decision under subsection (5) that the worker is no longer entitled to participate in an accredited rehabilitation and return to work program of the insurer.