Return to work after injury: a guide for employers

A safe return to work starts with a written plan that you agree with the injured worker, their treating doctor and your workers compensation insurer. The plan sets out what the worker can do now, what they'll be able to do as they recover, who checks progress and when the plan is reviewed. Start early. The longer someone is away from work, the harder the return often becomes.

Your duties don't pause while someone is off. You still have to protect the health and safety of the worker when they come back, and you still have to consult them about changes that affect their safety. Return-to-work rules for workers compensation sit on top of that, and they differ between states and territories.

What is a return-to-work program?

A return-to-work (RTW) program is the set of steps you take to get a worker who has been off with an injury or illness back into their job safely. It covers the worker's restrictions, the duties they can do, the support they get and how you keep track of progress.

In practice, most employers run an RTW program for each injured worker, using a written plan. A small business might do this with the owner and the worker. A larger one usually names an RTW coordinator and follows a written policy.

How to run a return to work, step by step

1. Keep in touch from the start. Call the worker in the first few days. Ask how they're going and what they need. Keep the call about recovery, not blame.
2. Get the medical picture. With the worker's consent, get a medical or capacity certificate from their treating doctor. It should say what they can do, what they can't and for how long. Ask only for what you need to plan the work. Health information is sensitive information under the Privacy Act 1988 (Cth), so keep it to the people who need it and store it securely.
3. Compare the restrictions with the job. Look at the tasks the worker normally does: lifting, reaching, standing time, driving, shift length and manual handling. Mark each one as fine, needs changing or must wait. Our hazard page on manual tasks covers the common risks in lifting and handling work.
4. Find suitable duties. Consider temporary modified duties, shorter or different hours, a change of site or equipment that takes the strain off. Check the new tasks for hazards too. A modified job can create new risks, so assess and control them before the worker starts. Under regulation 38 of the model WHS Regulations, controls must be reviewed when they don't work, before a change at the workplace, when a new hazard appears, or when a health and safety representative asks.
5. Write the plan and agree it. Put the plan in writing and go through it with the worker. It should cover the start date, the duties, hours, review dates, the person they can go to with problems, and the signs that the plan needs to change.
6. Review it. Check progress at set dates, and again whenever the worker's capacity changes or the duties aren't working. Adjust the plan rather than letting it drift.
7. Close the loop. When the worker is back on full duties, confirm it in writing. Check that the controls for any tasks they no longer do can come off the plan, and that the rest still work.

What should the plan include?

A useful plan is short enough to read and specific enough to act on. Check that it covers:

• the worker's name, role and site, and the date of injury (not the diagnosis)
• the restrictions from the medical certificate, and when the doctor will review them
• the modified duties, with start and end dates
• hours, rosters and any changes to pay or allowances
• equipment, supervision or training the worker needs
• the RTW coordinator or supervisor, and how to reach them
• review dates and what triggers an earlier review
• the worker's signature, to show they were consulted

Our return to work plan gives you this structure. You fill in the worker's restrictions and review dates, and the rest is ready to use. For the policy that sits behind the plan, see the return to work management policy. If you also use a fitness for work policy, the fitness for work policy covers how you check readiness before a worker returns.

Who does what?

• Employer: runs the program, appoints the coordinator, consults the worker and keeps the plan up to date.
• Worker: takes part in planning, follows the treatment plan, goes to appointments and tells you when their capacity changes.
• Treating doctor: assesses capacity and states the restrictions in writing.
• Insurer or claims manager: manages the claim, arranges rehabilitation and keeps the paperwork moving.
• Supervisor: does the day-to-day check-ins and reports any problems to the coordinator.

Consultation is the thread through all of this. Under section 47 of the model WHS Act, you must consult workers who are, or are likely to be, affected by a work health or safety matter. A return to modified duties is one of those matters, so talk to the worker before you change their job. Our guide to who is responsible for workplace safety and health sets out the duties of each party in more detail.

What the law asks of you

The primary duty of care in the WHS Act applies to the worker when they return. Under section 19, a person conducting a business or undertaking must, so far as reasonably practicable, keep workers safe. A worker coming back from injury may be more vulnerable to re-injury, so that duty is part of the planning, not an extra.

Workers compensation rules sit alongside the WHS duties. Each state and territory has its own scheme, and the RTW obligations, program requirements and review periods come from that scheme. Your insurer and your state or territory regulator can tell you which rules apply to you. The National Return to Work Strategy 2020–2030, published by Safe Work Australia, sets the national direction for these programs.

Discrimination law also applies. The Disability Discrimination Act 1992 (Cth) can cover a worker whose injury is a disability. Before you decide a worker can't do their usual job, consider whether suitable duties or reasonable adjustments make it possible. Refusing work because of a disability without doing that can be unlawful.

How SafetyDocs helps

SafetyDocs has return-to-work templates written by safety experts, so you start from a structure rather than a blank page. The job, client and site details fill themselves in. Send the plan to the worker and they can sign from a text, a link or a QR code on any phone, with no app or account. When the plan changes, everyone who signed the old version is asked to sign the new one, so the record stays current. These tools help you meet your consultation and record-keeping duties. They don't make you compliant on their own.

Keeping a record

Keep notes of every contact with the worker, the doctor and the insurer: the date, what was said and what was agreed. Keep a copy of each version of the plan. Your injuries and illness register is the place to record the injury itself, and the plan notes go with it. Good records protect you if a dispute comes up, and they show that you acted in good faith.

If a worker's injury was serious, or the claim is in dispute, get advice early from your insurer or a workplace rehabilitation provider. Don't wait until the plan has failed.

For the wider picture of what a healthy workplace looks like, our guide to psychosocial hazards and work-related stress covers the workplace factors that can slow a return, such as poor support, unclear expectations and bullying. Our list of WHS policies and procedures every workplace should have shows where an RTW policy fits.

Common questions

Can I refuse to let an injured worker come back? Not without checking first. Before you decide a worker can't do their job, look at suitable duties and reasonable adjustments, and get medical advice on what the worker can do. Refusing work because of a disability without doing that can breach the Disability Discrimination Act.

Does the return-to-work plan replace a risk assessment? No. A modified job still needs its hazards identified and controlled under your WHS duties. The plan records the restrictions and duties, and the risk assessment shows the job is safe to do.

Who should coordinate the return to work? Larger businesses usually name an RTW coordinator, and some workers compensation schemes require one. In a small business, the owner or a supervisor can do it, as long as they have the time, training and authority to make changes.

How long should the plan run? Until the worker is back on full duties or their doctor says they're fit for their normal work. Review it whenever their capacity changes, and at least at the dates in the plan.

This is general information, not legal advice. Check the current law with your WHS regulator.