Returning to work after injury: Your rights when you’re not ready
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There’s a particular kind of stress that comes with recovering from an injury while your workplace keeps asking when you’ll be back. Your body’s still healing, you’re juggling physio appointments, often family responsibilites, and then there’s that email from HR wanting to “check in” about your return date.
If you’re navigating the tricky waters of returning to work after an injury, you’re not alone. And here’s something you might not know: you have more rights than you think.
We sat down with the team at Maliganis Edwards Johnson to break down what you’re actually entitled to when you’re not quite ready to jump back into full duties.
The pressure to return
Let’s be honest – there’s often subtle (or not-so-subtle) pressure to get back to work before you’re truly ready. Maybe it’s guilt about leaving your team short-staffed, worry about job security, or the financial reality of reduced income.
Rushing back before you’re ready isn’t just risky for your health; it can jeopardise your workers’ compensation entitlements down the track.
Under ACT workers compensation law, your employer has obligations to provide suitable duties where possible. Suitable duties are a legal requirement. This could mean reduced hours for medical appointments, modified tasks that avoid aggravating your injury, working from home if needed, more frequent breaks, or adjustments to your workspace.
The critical bit? These aren’t favours. They’re part of your employer’s legal duty of care.
When your employer says you’re ready (but you’re not)
Your employer’s doctor says you’re fit for full duties. Your own doctor disagrees. Now what?
You have the right to disagree with an assessment. You’re not obligated to return to duties your medical team says you’re not ready for. And you can’t be terminated simply for being injured during the protected period under workers compensation law.
Also, if you’re working reduced hours or earning less on modified duties, you might still be entitled to workers compensation payments to make up the difference.
When to get legal help
Consider reaching out if your employer is pressuring you to return before you’re ready, there’s a dispute about suitable duties, you’re unsure what you’re entitled to claim, your payments have stopped unexpectedly, or you’re being asked to sign anything that you are not sure about.
Your recovery timeline is between you and your medical team. Not your employer’s preferred schedule, and not your guilt about your workload.
If you’re navigating a return to work after injury and you’re not sure about your rights, the team at MEJ can help. You can reach them on 1800 570 778 or contact them online for a free, confidential chat.
