Employer obligations
If an employee with an injury requests suitable work, employers must comply by providing work that accommodates their current capacity.
Failing to provide suitable work can lead to increased workers compensation premiums and legal consequences, such as employer improvement notices.
Where you are unable to provide suitable work, you should be able to provide evidence of what you have considered.
Identifying suitable work
Begin by considering tasks similar to your worker’s duties before their injury. Additional possibilities include:
- adjusting work hours
- modifying existing work duties
- reassigning to a different role
- providing training for new skills
- trying a new workplace environment
- a combination of these options.
Where possible, you must ensure the alternative work is reasonably equivalent to their original role.
Planning for recovery at work
Use our recover at work planning tool and template to structure a recovery plan with your worker. Essential steps include:
- discuss potential options with your worker
- documenting the plan clearly
- distributing copies to both the worker and their doctor
- issuing written updates if changes occur.
Identify and manage recovery risks with resources like Identifying personal and environmental risk factors with FACTORWEB. Contact your insurer for help if risk factors are present.
If suitable work is not available, you must still actively engage in the recovery at work planning process.
Exceptions to providing suitable work
You are not required to provide suitable work under certain conditions:
- if it is not reasonably practicable to do so
- if the worker has left the job voluntarily before or after becoming incapacitated
- if employment was terminated for reasons unrelated to the injury.
Dismissing a worker due to a work-related injury within 6 months of them becoming not fit for employment as a result of the injury is considered an offence.
Communicating with your worker’s doctor
Learn to communicate effectively with your worker’s doctor.
Updated 19 December 2024