What happens if rehabilitation fails to bring an employee back to health and work?

• In some cases an employee may be injured seriously enough to become permanently unable to return to their normal duties.
• If this occurs the employee may be permanently moved to suitable duties.
• In circumstances where suitable duties cannot be identified or where the employee is injured so severely that they are unfit for any type of employment the employee may be discharged from the RTW program and after a period of time terminated from employment.
• Before making the decision to terminate an injured employee an employer must:
  • obtain proof that the employee is unable to perform the job they were hired to perform;
  • determine and provide proof that they cannot take any reasonable measures to accommodate the employee’s injury; and
  • check that there is no obligation to provide suitable employment under a workers compensation scheme for their state or territory.
• You can use our Phone a Lawyer service for a preliminary legal consultation if you think you may need legal advice.