Information for employers

Managing workplace injuries

Employers in NSW are required to establish workplace based return to work programs. These programs should include the provision of suitable duties for injured workers who are not fit for their normal work. As an employer your commitment to the provision of suitable duties is the cornerstone of injury management.

As a specialist in the industry, HEM believes in the use of suitable duties as a rehabilitation strategy because:

  • the speed and likelihood of full recovery improves by maintaining the link with the workplace
  • it's costly to lose the skills and contribution of workers you have already trained and who know your organisation
  • managing a workplace injury is like managing the aspects of your business - the results reflect the effort you put into it
  • offering suitable duties is a demonstration of commitment to the recovery and rehabilitation of workers injured or ill through work
  • workers maintain their salary and motivation and recover faster

What are suitable duties?

They are duties for which the injured worker is medically suited whilst recovering. They will vary according to factors such as the type of injury sustained, medical restrictions, level of education or skills, pre-injury duties and hours of work. Suitable duties are meant to be a short term graduated arrangement that may include:

  • parts of the job the injured worker was doing before the injury
  • the same job, but on reduced hours
  • different duties in the same or another section altogether

Suitable duties do not include:

  • work that is merely of a token nature, that is not useful for your trade or business
  • work that is demeaning to the worker or has no employment prospects

Tips for finding suitable duties

They can usually be identified by the employer's Return to Work Coordinator in consultation with all relevant parties i.e. the treating doctor, the worker, their supervisor and, if appropriate, their union.

If you do not have a Return to Work Coordinator or have concerns about the worker's safety, please contact us or refer the worker to an accredited rehabilitation provider. They can help you identify tasks you may not have considered or advise on other options.

  • List the duties of the injured worker's normal job by talking to the injured worker and their supervisor, or from their job description. If necessary go and look at the work they usually do.
  • Determine if any restrictions apply from the medical certificate. If not stated confirm with the doctor that none apply. Consider how they prevent the injured worker from performing their normal duties. If you have any questions, ring the treating doctor. It can also help to talk to the injured worker.
  • Determine the maximum hours the injured worker can work and which parts of their usual job or other duties they can undertake while they are recovering.
  • Consider how the selected duties and hours may affect their supervisor's work routine and that of other workers. Everyone will need to be supportive for a successful return to work.
  • Is there any other work at the injured worker's usual site that doesn't get done because there isn't time in the day to complete it?
  • Is there a training opportunity for this particular injured worker while they are recovering from their injury?
  • Some Return to Work Coordinators have set up good working relationships with supervisors and other workers in other parts of their organisation and they return to these jobs again and again. This approach can be successful but be careful not to offer routine solutions to individual problems.
  • List the proposed duties in a Return to Work Plan. Include a starting date and a review date. Make sure the relevant parties confirm their agreement by signing the plan.
  • Obtain a medical clearance from the treating doctor for the proposed duties listed in the Return to Work Plan.
  • Review and upgrade the Return to Work Plan according to medical advice.
  • Research has shown that the employer's attitude and care in offering suitable duties is one of the more important factors in Return to Work outcomes. Be sure that injured workers are aware that you are making every effort to assist their recovery and safe return to work.

What if there are no suitable duties?

Some Return to Work Coordinators have set up good working relationships with coordinators in other organisations and they make use of the work trial scheme. Approval must be obtained from WorkCover for insurance purposes.

The success of a Return to Work program depends on good communication between the treating doctor, the injured worker, co-workers, the worker's supervisor, the union, the rehabilitation provider and HEM.