Employer obligations
If you're an employer and you have a worker who’s experienced a work-related injury or illness, you must help them return to work safely if you can. There are a number of things you should do to make this happen.
What is my role?
You’re required to support your worker through rehabilitation, early and safe return to work. Research shows that this is a very important part of their recovery. This could mean making changes to their work while they recover. Your worker's rehabilitation should start as soon as safe to do so after the injury has happened.
Do I have to provide suitable duties?
Offering workplace rehabilitation (suitable duties) is an obligation for all Queensland employers. The Workers' Compensation and Rehabilitation Act 2003 ('the Act') says that when a worker has a claim for workers' compensation, their employer must take all "reasonable steps to assist or provide the worker with rehabilitation" (section 228).
The Act also says that if you cannot provide suitable duties for your worker, you must give the insurer a written notice detailing reasons why and providing supporting evidence. If you don't provide sufficient evidence, penalties may apply. Talk to your insurer if you are unsure what suitable duties you can provide, as the insurer may be able to offer guidance and support to help you meet your obligations.
What are my responsibilities?
As an employer, you’re responsible for helping or providing an injured worker who has sustained an injury with rehabilitation.
- Follow the seven principles set out in the Guidelines for Standard for Rehabilitation(PDF, 0.6 MB) to make sure your worker has support to stay at or recover at work.
- You must report the injury and start the claim process. You might need to pay an excess if your worker has taken time off and their claim is accepted.
- Contact your worker as soon as you can after the injury.
- WorkCover will ask you to provide your worker's wage history, even before a liability decision is made, in case they need time off work. Provide this quickly, so if the claim's accepted, we can pay your worker straight away and they're not left without any money coming in.
- Talk with your worker about workplace changes to support safe work.
- Take time to understand how the injury is affecting your worker both physically and mentally.
- You can offer flexible working arrangements to help your worker come back to work and find other work for them to do if needed. If you're unable to do this, your insurer can talk to you about other options.
- Keep an eye on your worker’s recovery process, making beneficial changes to their work as they improve. Continue to let your insurer know how they are going.
- Make sure your rehabilitation and return to work coordinator (and any other key staff such as a supervisor) have the right skills and training and are supporting your worker as required.
- Put in place and maintain effective workplace rehabilitation policies and procedures (PDF, 0.26 MB)
- You must not dismiss an injured worker within 12 months of sustaining an injury solely or mainly because the worker is not fit for employment in a position.
- Use workers’ compensation documents to support your worker’s rehabilitation but not for any purpose relating to their employment (i.e. any disciplinary action, or decisions about whether their employment should continue).
You must also appoint a Rehabilitation and Return to Work Coordinator and have workplace rehabilitation policies and procedures (PDF, 0.26 MB) in place if you have:
- annual wages in Queensland 5,200 times Queensland full-time adult's ordinary time earnings (QOTE) for the preceding financial year or
- are in a high risk industry with wages in Queensland for the preceding financial year of 2,600 times QOTE,
The rehabilitation and return to work coordinator must be based in Queensland, employed under a contract and be skilled, experienced or trained to perform the role.
Speak to your insurer if you are unsure if you meet this requirement.
What support is available?
Access free independent and confidential support for you and your workers through the following support services:
- Workers’ Psychological Support Service
- Workers’ Compensation Information and Advisory Service for injured workers
- Workers’ Compensation Information Services for Queensland employers.