Returning to Work After Injury (Victoria): Rights & Obligations

Returning to work after an injury at work can be challenging and can sometimes feel overwhelming.  This is especially true if you need time to rest and recover.

Workers and employers have clear responsibilities and obligations when it comes to returning to work after an injury. Here is what you need to know.

Your Obligations

If you’ve been injured at work, and have been receiving WorkCover payments, you will have return-to-work obligations.

Return to Work obligations include:

• making reasonable efforts to participate in planning
• use and co-operate with an Occupational Rehabilitation Service
• participate in capacity for work assessments
• making reasonable and genuine efforts to return to work where you can
• attend interviews with WorkSafe representatives

Whether or not your efforts are reasonable depends on many factors including the severity of your injury, where you live, your support networks and your access to transport.

Below are some common questions from Injured Workers we get here at Fortitude Legal.

If you are unsure about how the law affects you, and what your obligations are, you should seek advice early.

At Fortitude Legal we have dedicated expert lawyers ready to answer your questions.

FAQs: Returning to Work on WorkCover

Can I get a job somewhere else?

In some cases you can, but this typically only occurs after you’ve already attempted to return to work with your employer.

If you can work with restrictions, then you must co-operate with both your WorkCover Insurer and your employer in planning for a return to work.

However, returning to work with your former employer is not always possible. This can be for a variety of reasons.

For example, if your original employer cannot provide you with modified duties, then you may need to look for work elsewhere. Your WorkCover Insurer should support this goal.

The WorkCover Insurer may also approve participation in their “New Employment Services” scheme (NES). Through the NES, you should get support from your Occupational Rehabilitation Provider in looking for other work.

What happens if I don’t want to go back to work with my old employer?

Returning to work can be difficult where there has been a breakdown in the working relationship.

If you do not want to return to work with your usual employer, you may run into some difficulties with your employer, the WorkCover Insurer and/or your Occupational Rehabilitation Provider.

This is because there is an obligation to co-operate with both your WorkCover Insurer and your employer in planning for a return to work where it is reasonable to do so (eg where you have some ability to work).

But support is available. It is important to get advice early about your rights and your options. At Fortitude Legal, we can assist you in navigating this difficult situation.

What if I feel pressured to return to work too soon?

The first step is to speak to your doctors about your concerns.

It is important to make sure your WorkCover Certificate of Capacity accurately records your physical and psychological restrictions.

Your Certificate of Capacity can also record any other considerations such as the effects of your medication or any environmental concerns.

You do not have to navigate this situation alone. At Fortitude Legal, we can assist you in navigating this process.

Do I have to attend an interview regarding my return to work?

Typically, yes. You must participate in an interview and actively co-operate in the interview, to the extent it is reasonable to do so.

You do have a right to be accompanied by a representative to the interview. A representative could be a third party, such as a union delegate or official, but does not include a legal practitioner.

At Fortitude Legal, we can work closely with you and your representatives to make sure you know your rights and obligations going into that interview.

What does an Occupational Rehabilitation Consultant do?

Occupational rehabilitation consultants or Return to Work Specialists are used by the WorkCover Insurer to help facilitate a return to work.

This may include returning to work with your employer, or assist you in finding a job with a new one.

I’m on WorkCover and need to change jobs. Can I study full time instead?

If you have some capacity for employment, there is still an overarching requirement to participate and co-operate with a return to work.

However, there may be situations where a return to work cannot be achieved until you have undergone retraining. For instance, you may only be physically able to work in an industry that requires you to have completed a form of study.

WorkCover can fund the reasonable costs of re-training and associated costs.  If you are interested in exploring this, it is worth discussing your options with your Occupational Rehabilitation Provider.

Training that exceeds $3,000, or would take longer than 12 weeks to complete, requires pre-approval from the WorkCover Insurer.

My employer isn’t offering suitable employment options but I want to return – what should I do?

Your employer has strict legal obligations to co-operate in planning for your return to work.

There are specific guidelines which set out how return-to-work disputes are to be managed. This includes requirements for formal meetings within set deadlines.

You may also wish to consider contacting WorkSafe Victoria’s Return to Work Inspectorate if your employer is refusing to co-operate.

Return to Work Inspectors ensure that employer comply with their return-to-work obligations.

Returning to work after an injury can be difficult, but you don’t have to do it alone.

Contact Fortitude Legal for expert advice.