Employers and workers both have “return to work” obligations where an injury has occurred at work.

Essentially, a worker must make a reasonable effort to return to work either in their pre-injury duties or other suitable duties. Making a reasonable effort can include attending medical or occupational rehabilitation appointments arranged by the insurer or returning to work on light duties in line with a doctor’s recommendation. If a worker does not comply with their return to work obligations, their weekly payments may be suspended or even terminated.

Employers now have new obligations which they must comply with, to the extent that it is reasonable to do so. Some of those obligations are to: provide suitable employment if a worker has the ability to work; provide a worker with their pre-injury employment if they are fit to return to work; plan a return to work; and consult with a worker, their doctors and a rehabilitation provider about a worker’s return to work.

From 1 July 2010, an employer’s failure to comply with an obligation is an offence. The maximum penalty is currently approximately $105,000. Also, workers can now request that WorkSafe prosecute an employer for a failure to comply with their obligations. If WorkSafe declines to prosecute, then the matter can be referred to the Director of Public Prosecutions.

If you have any questions about your return to work obligations, or if you believe your employer may have breached their return to work obligations, contact AdviceLine Injury lawyers on 1300 MY INJURY (1300 6946 5879) for further advice.