Navigating Return to Work After a Workers’ Compensation Claim in Queensland

After a successful workers’ compensation claim in Queensland, returning to work involves more than just showing up. It’s supported by legal protections, structured planning, and clear responsibilities for both employers and employees.

In 2024, Safe Work Australia recorded over 139,000 serious work injury claims, with the average time off work sitting at around 7 weeks. While recovery should always come first, a well-timed and supported return to work can boost wellbeing, re-establish routine, and reduce the risk of long-term detachment from the workforce.

Strict rules under Queensland law govern how and when this return should happen, protecting injured workers from discrimination and requiring employers to offer suitable duties tailored to medical advice.

This guide walks you through the return-to-work process after a workers’ compensation claim—step by step—so you can meet your obligations, reduce risks, and make a confident, safe return to the workplace.

Employer Obligations When an Injured Worker Returns

Return to Work Plan and Suitable Duties

Under Section 220 of the Act, employers are legally required to provide suitable duties to support an injured worker’s safe return to work. These are tasks that align with the worker’s current medical capacity, skills, and experience.

To facilitate this, your employer must work with you and your treating doctor to develop a Return to Work Plan. This plan outlines your duties, work hours, and any necessary adjustments. The goal is to ensure your return is safe, sustainable, and medically appropriate.

Prohibition on Termination

Under Section 232B of the Act, it is illegal for an employer to terminate an injured worker’s employment within 12 months of the injury solely or mainly due to the injury.

Employers are also expected to engage in good faith, providing clear communication and documentation of efforts made to accommodate the worker’s return.

When employers follow these, it helps create a safer, more supportive path back to work.

Common Return to Work Scenarios You Might Experience

Your return to work will depend on your recovery and job type. Here’s what to expect:

Gradual return

You may start with fewer hours or lighter tasks, then gradually build up.

For example:

Weeks	Days per week	Hours per Day	Duties
1–2	3	4	Modified duties
3–4	4	6	Modified duties
5–6	5	Full-time	Full duties

This helps ease you back in without risking further injury.

Alternate duties

If you cannot go back to your previous job yet, your employer should find other tasks that suit your abilities. Here are some examples:

Industry	Pre-Injury Role	Suitable Duties Example
Construction	Labourer	Site inspections, light maintenance
Office/Admin	Receptionist	Reduced hours, limited typing tasks
Retail	Sales Assistant	Stock monitoring, greeting customers

Permanent changes

If your injury causes long-term limitations, your workplace should consider permanent adjustments, like new tools, modified duties, or different hours. They should keep checking in to make sure the setup still works for you.

In fact, research published in 2024 showed that 65% of workers identified supervisor and coworker support as critical to sustained return to work. These supportive behaviours include regular check-ins, trust in workers’ judgment about task selection, and assistance with difficult duties.

A supportive return-to-work plan should fit your health needs while helping you stay connected and confident on the job.

Handling Return to Work Disputes

Disagreements can arise during the return-to-work process, especially around suitable duties or rehabilitation plans. If this happens, aim to resolve the issue through calm, fact-based discussion. Stay focused on shared goals and keep communication open.

If you’re unable to reach an agreement, WorkCover Queensland can assist by providing guidance or involving medical and rehabilitation experts to help move things forward.

Remember, your return to work must always be safe, medically appropriate, and supported. The law protects you from being forced back too soon or without suitable arrangements.

If you’re being treated unfairly, denied duties, or harassed because of your injury, talk to one of our expert Workers’ Compensation Lawyers in Brisbane, Bundaberg, Hervey Bay, Gold Coast, or Rockhampton for expert advice.

Your Return to Work Checklist

To make sure everything stays on track:

• Get a medical clearance and updated certificates from your treating doctor
• Let your employer know your current capacity
• Participate in return-to-work planning
• Keep copies of your medical and rehab documents
• Talk to your rehab provider regularly
• Track your symptoms and recovery progress
• Seek legal advice if your rights aren’t respected. Our experienced Workers’ Compensation Lawyers are ready to help.

Return to Work After Injury: Common Questions in QLD

Can my employer insist I return to work before my doctor approves?

No. Your employer cannot legally force you back to work unless your treating doctor confirms that you’re medically fit. Any duties offered must match your medical restrictions. If you’re feeling pressured, contact your doctor and inform your WorkCover case manager.

Is it best to get back to work straight after an injury?

Not always. While getting back to work can support your recovery, it shouldn’t come at the expense of your health. You should only return when your doctor advises it’s safe. Rushing back too soon—especially under pressure—can lead to setbacks.

When am I medically fit to return to work after a workers’ compensation claim?
You’re considered fit to return when your treating doctor certifies you can resume work, either in full or with modified duties. This decision should always be guided by your health.

What should I do if my employer is being difficult about my return to work?

If your employer is ignoring medical advice, delaying communication, or not offering suitable duties, talk to your rehabilitation provider or WorkCover Queensland. You may also escalate the issue to the QIRC if needed. Call us for expert advice.

Getting Help with Your Return to Work

Support is available for navigating the complexities of return to work:

• WorkSafe Queensland: Guidelines and support for injured workers. Visit WorkSafe Queensland.
• Fair Work Commission: For information regarding employment rights. Access the Fair Work Commission.

If you are dealing with complex scenarios or potential discrimination, don’t hesitate to contact one of our experienced Workers’ Compensation Lawyers.

Key Takeaways

A proactive, well-managed return to work supports both legal compliance and a positive workplace culture. To ensure success:

• Know your rights and your employer’s obligations.
• Maintain open, collaborative communication.
• Keep detailed records of all adjustments and interactions.

A fair, supported return benefits everyone and helps legal compliance officers foster both employee wellbeing and organisational success.

If you have any questions or need guidance in returning to work after a work-related injury, get in touch with one of our experienced Brisbane and Gold Coast Workers’ Compensation Lawyers, Hervey Bay Workers’ Compensation Lawyers, Rockhampton Workers’ Compensation Lawyers, or Bundaberg Workers’ Compensation Lawyers.