Returning to suitable employment
If a worker has been incapacitated for work because of a work injury, and can return to work either full-time or part-time, the employer must provide suitable employment.
Who can apply?
If you are a worker who has been injured at work and you wish to return to work, you can ask to be employed in a position the same as or equal to your previous job, if you are capable of fulfilling that role.
What do I need to do?
You can request employment by writing to your employer confirming that you are ready, willing and able to return to work, and providing information about the type of employment you consider you are capable of performing.
If your employer fails to provide you with suitable employment within one month after your request, you can apply to SAET for a review.
Your application to SAET should include information about your request to your employer and evidence that your request has been ignored or refused.
What can I expect?
You will need to consider that your pre-injury employer is not required to offer you employment if:
- it is not reasonably practicable to do so – for example, if similar roles no longer exist
- you left the workplace before your injury occurred
- you terminated your employment after the injury occurred
- you have agreed to a different employment arrangement with the employer
- you have returned to work with a different employer.
What forms are relevant?
- A01 – Application (Return to Work)
- P41 – Notice seeking suitable employment (Return to Work)
These can be downloaded from the forms page.
Is there a cost?
Where can I find more information?
If you have further questions contact the SAET Registry.