The employer’s commitment to provide suitable duties is a fundamental part of any return to work strategy. Suitable duties need to be provided when a worker is unable to return to their normal duties after an injury. Suitable duties assist with the worker’s recovery process and return to work.

Suitable duties: 

• are short term work duties with a goal and regular review dates 
• are agreed between the employer, injured worker and nominated treating doctor 
• must comply with the current medical certificate.

All offers of suitable duties must be in writing and the return to work plan documents the duties made available to an individual worker in line with capacity and medical restrictions.

Employer obligations

The employer must provide suitable duties for an injured worker unless: 

• it is not reasonable practicable to do so 
• the worker voluntarily left employment either, before or after, the commencement of the incapacity for work 
• the employer terminated the workers employment after the injury, other than for the reason that the worker was not fit for employment as a result of the injury.

Employers must notify their insurer if they are unable to provide suitable duties to partially unfit workers who request it. Not offering an injured worker suitable employment may impact on the cost of their workers compensation premium.

Worker obligations

An injured worker is required to make all reasonable efforts to return to work. If they refuse a reasonable offer of suitable duties, their workers compensation benefits may be suspended or reduced. 

The worker should contact their insurer and tell them if their employer cannot offer suitable work. A weekly benefit will be paid to them while they are actively seeking work or undergoing approved rehabilitation training. 

The insurer should tell them what they are expected to do. 

A worker must:

• take reasonable steps to find suitable work with some other employer and if they find suitable work they must accept it or their workers compensation benefits will be stopped 
• be willing to accept work that is within their abilities and circumstances, or 
• undertake rehabilitation and/or retraining needed to improve their chances of getting suitable work. 

www.workcover.nsw.gov.au

Last updated on February 24, 2011 by Galen & Gray