In Queensland, providing suitable duties after a workplace injury is both best practice and a legal requirement under workers’ compensation legislation and work health and safety laws.
A structured return-to-work plan with meaningful, medically appropriate duties helps injured employees stay connected to their workplace while they recover. It also reduces claims costs, minimises time off work, and improves long-term outcomes. A clear return-to-work process supports compliance with workers’ compensation requirements and can help manage the claim process for both employers and employees.
What are suitable duties?
Suitable duties refer to temporary, modified, or alternative tasks that match an injured worker’s functional capacity while they recover from a workplace injury. Suitable duties are a form of work that employers are required to provide to support continued employment and facilitate the worker’s recovery.
These duties may be:
- Part of the worker’s usual job (also known as pre-injury employment)
- Modified tasks within their department
- Different duties in another area of the organisation
Employers have a legal obligation to provide suitable duties as part of their employment responsibilities.
Here are five expert tips to help you create suitable duties that are safe, sustainable, and compliant with Queensland legislation.
1. Focus on what the worker can do
Avoid focusing on the worker’s limitations. Instead, identify the tasks they can safely complete given their current physical and psychological capacity, based on an assessment of the worker’s current work capacity and skill set.
Key actions:
- Conduct a job task analysis: Conduct an assessment of workplace duties to identify which tasks the worker can safely perform, taking into account their current work capacity and any medical restrictions.
- Match tasks with medical restrictions: Ensure that assigned duties align with the worker’s capacity and skill set, considering both their physical and mental abilities.
- Review your Suitable Duties Register: If you don’t have one, create a list of alternate duties across departments. Examples may include:
- Filing or scanning paperwork
- Assisting with data entry or stocktaking
- Answering phones or directing visitors
- Updating policies or procedure manuals
2. Design duties based on medical guidance
A successful return-to-work program must be grounded in medical advice, using workplace assessment and medical evidence to guide decisions. The treating doctor, physiotherapist, or psychologist will provide specific recovery guidelines that determine the worker’s capacity, with consideration given to both physical and psychological illness.
Key actions:
- Request a copy of the Work Capacity Certificate: This will outline the worker’s functional limitations and whether they can return to work on modified or restricted duties.
- Collaborate with medical professionals: Where appropriate, seek clarification or further guidance (with the worker’s consent).
- Create a graduated return-to-work plan, for example:
- Week 1–2: 3-hour shifts, sedentary tasks only
- Week 3–4: 5-hour shifts, light duties (e.g. basic computer or admin tasks)
- Week 5–6: Full hours with monitored lifting or movement
- Week 7+: Return to full pre-injury role (subject to clearance)
Tip: Document each stage of the plan, including duties, hours, and any task modifications.
3. Consult and collaborate with the worker
Involving the injured worker in developing their return-to-work plan, while ensuring all relevant parties are involved and have a clear understanding of their responsibilities, improves engagement, ownership, and success.
Workers are more likely to participate fully if the duties are meaningful and aligned with their skills, with responsible parties supporting the process.
Key actions:
- Meet with the worker before they return: Discuss their medical restrictions and preferences for duties.
- Offer choices where possible: If multiple suitable tasks are available, let the worker choose what they feel most comfortable doing.
- Consult with supervisors: Ensure the manager of the area where duties will be performed is on board and understands any restrictions.
- Involve your return-to-work coordinator or HR advisor: Keep communication open and consistent.
Practical example:
An injured retail employee unable to stand for long periods might:
- Support online customer orders from the back office
- Assist in restocking shelves with light items
- Review online product listings or social media posts
4. Address psychological and social factors
Injured workers may experience fear, anxiety, or lack of confidence when returning to work, especially after serious incidents. It’s important to consider psychosocial risks as part of any return-to-work plan. Education and health literacy can significantly influence a worker’s understanding of recovery processes and their engagement with suitable duties, impacting overall outcomes.
Key actions:
- Ensure tasks are not degrading or isolating: Avoid assigning menial work that may feel punitive or disconnected from their usual role.
- Support mental health needs: Consider flexible hours, remote work, or gradual exposure for workers with psychological injuries.
- Promote workplace empathy: Encourage supervisors and colleagues to check in and welcome the worker back without judgment.
- Monitor signs of distress: If the worker shows signs of anxiety, fatigue, or frustration, offer additional supports such as EAP access.
5. Monitor, review, and adjust the suitable duties plan
A suitable duties plan is a living document which must be reviewed regularly and adjusted in line with recovery. It is important to ensure that all steps in the work process are completed and properly documented to support a successful return to work.
Accurate and up-to-date documentation is essential in case of dispute or escalation, including completing all required steps in the RTW process.
Key actions:
- Set up weekly or fortnightly check-ins with the worker and their supervisor.
- Track performance and comfort levels: Note any difficulties or improvements.
- Update the plan as capacity improves: Increase duties, adjust hours, or reintroduce core tasks.
- Record all changes and communication: Documentation is essential in case of a dispute or escalation.
Tip: Use a return-to-work plan template to track each phase of the duties and recovery. WorkCover Queensland also have suitable duties program template for employers.
Legal requirements for employers to consider
Under Queensland’s Workers’ Compensation and Rehabilitation Act, and similar legislation, employers are required to take reasonable steps to provide suitable work and suitable employment for injured workers. Employers must also hold the worker’s position open for at least six months from the date of incapacity, ensuring compliance with legal obligations during this period.
If the employer fails to provide duties or suitable employment, this can lead to disputes. In such cases, the Personal Injury Commission (PIC) may become involved to resolve the dispute, facilitate a resolution, and make recommendations to ensure the employer meets their obligations under workplace injury laws. The PIC also handles disputes related to NSW workers’ compensation claims, helping workers, insurers, and employers navigate disagreements about injury management and return-to-work processes.
Remember:
- Employers must provide suitable duties that align with the worker’s current capacity and medical advice.
- Employers should provide equivalent or pre-injury duties where possible, to support a safe return to work.
- When developing suitable duties, employers must consider the worker’s original injury and current employment status.
- Duties should be meaningful and contribute to the worker’s rehabilitation and recovery.
- Employers must consult with the worker, treating doctor, and rehabilitation provider to ensure duties are appropriate.
Failure to comply with these obligations can result in penalties, discrimination claims, or higher premiums, as well as other things employers must consider, such as compliance with dispute resolution processes and supporting the worker’s employment.
Why suitable duties planning matters:
A well-designed suitable duties program reduces time off work, improves employee recovery outcomes, keeps injured workers connected and valued and minimises legal and insurance risks for employers.
Employers who take the time to implement thoughtful, medically supported, and collaborative duties plans foster safer, more resilient workplaces.
How Business Chamber Queensland can help
Navigating return-to-work processes can be complex, especially when balancing business operations, medical advice, and legislative compliance. Business Chamber Queensland offers expert support to help employers understand their responsibilities under workers’ compensation law and develop appropriate, medically supported suitable duties programs.
Our Workplace Relations team can review proposed return-to-work plans, assess the suitability of tasks, and provide feedback to ensure they align with both legal requirements and best practice recovery principles.
Employers can also access tailored advice on developing a Suitable Duties Register, facilitating communication between stakeholders (including insurers and treating providers), and managing the consultation process with injured workers.
Whether you’re creating your first return-to-work plan or refining an existing approach, Business Chamber Queensland can also assist with documentation, dispute resolution guidance, and practical strategies to ensure your business remains compliant and your injured workers are properly supported on their path to recovery.