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Must an employer provide suitable duties to an injured worker?
At the request of an injured worker, employers must provide suitable duties for an injured worker unless:
- it is not reasonably practicable to do so
- the worker voluntarily left the employment either, before or after, the commencement of the incapacity for work;
- the employer terminated the worker's employment after the injury, other than for the reason that the worker was not fit for employment as a result of the injury.
The employment an employer must provide should be both suitable employment (as defined by section 43A) and, as far as reasonably practicable, the same as or equivalent to the employment in which the worker was at the time of injury.
The duties given to an injured worker should be useful and meaningful duties, where practicable. Re-training should be offered where possible if injured workers are unable to return to their former duties.
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 your workers compensation premium.