Article Category - Compensation Law By Daina Reid 17 May 2024

A certificate of capacity is a medical certificate that is provided by your treating doctor if you have been injured at work or injured in a motor vehicle accident.

A certificate of capacity provides:

  1. Details about your injury;
  2. Your capacity to work;
  3. Any restrictions that might be placed on your ability to work;
  4. The treatment that you require for your injury as assessed by your treating doctor; and
  5. The details of your treating doctor who completed the certificate.  

This certificate helps your employer and the insurer to understand the nature of your injury, such that appropriate accommodations can be made to assist you in returning to work and plan for your recovery.

It is important that if you have been injured at work, or injured in a motor vehicle accident, you obtain this certificate as soon as possible after your injury.

You are required to obtain an updated certificate every 28 days from your treating doctor so that everyone can keep up to date with your progress. If you have an injury that will affect you long term, you may be eligible to obtain a certificate on a 3 monthly basis.

As the injured person, you need to make sure that your details are correct on each certificate, sign each certificate that is issued and complete the declaration to certify that you have or have not engaged in any form of employment since your last certificate was issued.

Your treating doctor or specialist is responsible for completing the sections relating to your medical diagnosis, your capacity for work and your necessary medical treatment.

It is important that your certificate of capacity reflects your current ability to work. If you are certified as having some capacity to work, it is expected that you will engage in the process of returning to work in some capacity, most likely on light duties, until such time as you can return to your pre-injury employment.

It is your responsibility to make sure that the insurer has a copy of this certificate showing any period of cover for which you are seeking payment of weekly benefits. Without this certificate, the insurer may cease your weekly benefit payments until such time as appropriate evidence is provided detailing your incapacity to work.  

If you have any questions regarding certificates of capacity or are concerned about your obligations as an injured worker, please contact our experienced team in Bathurst, Oberon, Orange or Lithgow on (02) 6331 2911. We are here to help!

Daina Reid | Solicitor