HR & IR fact sheet
Employer obligations in dealing with
injured employees
Employers have a legal obligation to
assist employees in returning to work
after they sustain an injury, even if the
injury was not sustained in the course
of employment. Employers must
accommodate employees that are
temporarily unable to perform their job
due to incapacity or disability.
Obligations when workplace injury or
illness is reported
In instances where an employee is
injured in the workplace, the employer
has a duty to notify WorkCover and,
depending on the seriousness of the
injury, to also notify Workplace Health
and Safety Qld. If the employee is likely
to be absent from work due to the
injury, the employer will need to gather
sufficient medical evidence to determine
the employee’s capacity to return to
work. Such information includes:
should still source medical information
to determine how the injury or illness
might impact on the employee’s role, in
particular, how their ability to perform the
genuine inherent requirements of their
role is affected. This assessment should
also take place where an employee
sustains a non-work related injury or
illness.
What are genuine inherent
requirements of a role?
An employee’s injury is only an issue
if he/she cannot perform the essential
and reasonable duties of his/her
position – these are defined as the
genuine inherent requirements of a
role. Determining the genuine inherent
requirements of a role requires the
consideration of:
• the terms of the employee’s
contract
• the extent of the injury or illness
• the job description
• the length of recovery time the
employee will require
• the actual physical and mental
tasks performed during the
position, and
• whether the employee will be able
to return to their pre-injury duties
• how the injury or illness will impact
on the employee’s ability to safely
perform the inherent requirements
of their role
• the measures, if any, to take
to enable the employee to
safely perform in the inherent
requirements of their role.
The employer should then assess
whether the medical information
provided indicates the employee will
be able to return to work and perform
their role (with or without support), or
take on modified/light duties. Although
WorkCover will indicate the restrictions
on the employee’s role, the employer
• the nature of business.
Genuine inherent requirements of a
position do not include a capacity to
perform tasks or exercise skills that are
desirable. However, genuine inherent
requirements do include the ability to
perform work safely – employees must
be able to carry out their role without
endangering themselves and other
employees.
An employee’s role does not have to
permanently change to steer clear of
liability for discrimination – the employee
should be made aware that any change
to their job is temporary. Workers
compensation legislation places this
responsibility on the employer to inform
HR & IR fact sheet
Employer obligations in dealing with injured employees
the temporary replacement employee in writing
that their position is temporary and that the injured
employee has a right to return to work.
Finding out more about an employee’s medical
condition
If an employer wishes to request medical
information from an employee, the employer
should:
• request that the employee visits their
doctor, obtains a written medical report, and
consents to providing the employer with a
copy
• suggest that the employee authorises their
doctor to telephone the employer directly
(the employer should make a record of any
discussion with a doctor and provide it to the
employee)
• remind the employee that any personal
information obtained will be kept entirely
confidential. Inform them that it will only be
used to determine what steps the employer
might take to help them return to their preinjury role.
An employee may refuse to cooperate with an
employers request for their medical details. If
this happens, the employer should inform the
employee that it is important that they cooperate
as the information is necessary for the employer
to carry out their occupational health and safety
(OHS) and anti-discrimination obligations.
Employers are entitled to access this information
because they have a right to know whether
an employee is able to perform the inherent
requirements of their job.
68 Anderson Street, Fortitude Valley Qld 4006 | PO Box 202, Fortitude Valley Qld 4006
Tel: 07 3620 3844 | Fax: 07 3620 3880 | Email: growcom@growcom.com.au | www.growcom.com.au