Suitable Duties Obligations And Alternate Employment In Workers Compensation

Following a workplace injury, many workers are unable to immediately return to their pre-injury duties.

While this can make the return to work process stressful, it does not necessarily mean that you are unable to work altogether. In many cases, a worker can return to some sort of employment but requires ‘suitable duties’ in order to accommodate their certified capacity for work and any restrictions set by their treating doctor.

As part of your return to work, your employer is required to provide ‘suitable duties’ when you are unable to return to your pre-injury duties following a work injury.

The aim of suitable duties is to assist in returning you to work in line with your current capacity and restrictions certified by your treating doctor, so as not to negatively impact your injury and recovery.

If you have been certified fit to return to work on suitable duties, your employer must consider duties similar to your pre-injury duties and attempt to find work ‘reasonably equivalent’ to your pre-injury role.

They may consider the following:

• 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.

Employers are required to provide suitable work as long as it is ‘reasonably practicable’ to do so.

If the employer refuses to provide you with suitable duties, you should contact Carroll & O’Dea Lawyers for specific advice about a potential Injury Management Dispute.

These disputes can include:

• Whether suitable duties are available;
• Whether the duties offered are genuinely suitable;
• Whether the employer has complied with its return to work obligations; and
• Whether the worker is making reasonable efforts to return to work.

While the obligation to provide suitable duties is seemingly ongoing, it is worth noting that your employer is entitled to medically terminate you if you have been unable to return to pre-injury duties within 6 months of becoming unfit.

There are a few considerations to account for when seeking suitable duties, and further information can be found in the below related articles:

• Returning to work: Why your Certificate of Capacity matters
• Return to work obligations of injured workers, insurers, and employers in NSW workers compensation
• Can I return to work while I am receiving workers compensation benefits?

Disclosure and important note: This article is based on our own legal research and thinking. Some of its content has been drafted with the assistance of artificial intelligence. The authors have checked and approved this article, including the AI generated content, for publication.