Yes, but only with a reasonable excuse. If your doctor certifies you fit for modified work, you must make reasonable efforts to accept suitable duties after workplace injury WA employers offer. Refusing without a valid reason can lead to your income payments being suspended.
A workplace injury can disrupt your health, your routine and your pay all at once. Then, sooner than expected, your employer calls to talk about coming back, and you are still sore, unsure or quietly worried about what the work involves. A safe return to work after workplace injury matters for your recovery and your income, so it pays to know where you stand. This article covers what suitable duties mean, when you can say no, what employers must offer, what happens if you refuse, and what to do if you disagree with an offer.
Key Takeaways
- Suitable duties must match your medical certificate, skills and capacity.
- A reasonable excuse, usually backed by medical evidence, protects you.
- Only a WorkCover WA arbitrator can order your payments suspended. Your employer or insurer cannot.
- Employers must offer your old job if practicable, or a comparable suitable one.
- Get advice before rejecting an offer or signing anything.
What Are Suitable Duties?
These will be duties that you can comfortably perform while still recovering from an injury. According to the Workers Compensation and Injury Management Act (2023) an appropriate job refers to one that you have the ability to perform and which is also of equivalent salary and rank to the previous job you were performing.
Your treating doctor’s certificate of capacity sets the limits. That is where suitable duties Workers Compensation Lawyer Perth rules start: if a task goes beyond the certificate, it is not suitable, whatever the employer calls it. Common examples include reduced hours, seated work, no lifting, or supervising and training tasks.
Your Obligations With Suitable Duties After Workplace Injury WA
The Act places clear duties on you as the injured worker, and meeting them consistently shows good faith while also protecting your payments if a dispute about your return ever arises. You must:
- make reasonable efforts to return to work in cooperation with your employer
- take part in and follow reasonable parts of your return plan or workplace rehabilitation
- give each certificate of capacity to your employer and insurer within seven days
- attend return to work case conferences
Good workplace injury rehabilitation WA support, such as graded hours or equipment changes, often makes an offer more realistic. Raise your concerns early rather than staying away.
When Can You Reasonably Refuse?
The law allows you to decline when you have a reasonable excuse. Each case turns on its facts, but this table shows how common situations tend to play out.
|
Situation |
Likely position |
Sensible step |
|
Duties sit within your certificate and are safe |
Probably suitable |
Attend and report any problems |
|
Duties exceed your certificate |
Likely a reasonable excuse |
Tell your employer in writing and see your doctor |
|
Role pays far less or has much lower status |
May not be suitable |
Get legal advice |
|
You feel anxious, with no medical evidence |
Unlikely to count alone |
See your GP and update your certificate |
Nervousness or a preference to stay home is understandable, but on its own it is unlikely to be a reasonable excuse. If anxiety or another psychological condition is part of your injury, medical evidence carries real weight.
What Employers in WA Must Offer an Injured Worker
Employers cannot simply say no work is available. Their workers compensation obligations WA include making the position you held before the injury available unless that is not reasonably practicable, or otherwise providing a suitable position. They must also run an injury management system and, where required, a return to work program WA in the approved form.
Dismissal rules are strict too. An employer cannot dismiss you solely or mainly because of your incapacity, and the Act requires formal notice in the approved form.
What Happens If You Refuse Without a Good Reason
Your employer or insurer cannot suspend your payments on their own. They must go to a WorkCover WA arbitrator, who can order you to comply or order that income compensation be suspended, unless you had a reasonable excuse. If the non-compliance continues for one month after suspension, compensation may be terminated.
Accepting suitable duties does not close your claim. Reasonable costs associated with medical treatment are still eligible for compensation, and if the injury causes a drop in your income, then you will still qualify for income compensation. You should respond promptly to any notice of payment reduction or termination due to strict timelines for filing disputes.
Steps to Take If You Disagree With an Offer
When an offer is not quite suitable, be polite and maintain good records. These steps show how to do that.
Step 1: Compare the offered duties against your current certificate.
Step 2: Ask your doctor to update the certificate if the duties exceed your capacity.
Step 3: Reply promptly in writing, explaining the problem and suggesting alternatives.
Step 4: Attend meetings and case conferences, and bring a support person if you wish.
Step 5: Keep copies of emails, certificates, rosters and payslips.
Step 6: Speak to a lawyer before rejecting the offer or lodging a dispute.
Conclusion
Suitable duties after workplace injury WA exist to support your recovery, not to push you into work that makes your injury worse. Accept what fits your certificate, question what does not, and keep everything in writing. A steady, well-documented approach helps you recover safely while keeping your entitlements and your working relationship in good shape.
If the offer doesn’t seem right or your payments are at risk, MPK Lawyers will review your case and advise you on how to proceed. This will save you stress, time and unnecessary disagreements in the future.
FAQs
Can my employer force me to do light duties in WA?
The duties can be provided by your employer according to your medical certificate and you have to make reasonable efforts to perform them. You can refuse to perform duties with a reasonable explanation.
Can I be dismissed while on suitable duties?
An employer cannot dismiss you solely or mainly because of your injury-related incapacity. Any dismissal must follow strict notice rules, so get advice quickly if you receive a termination letter or warning.
What if my doctor says the offered duties are unsuitable?
Give your employer the updated certificate within seven days and explain the concern in writing. A medical opinion that the duties exceed your capacity is strong evidence of a reasonable excuse.
Will I be paid my normal wages on suitable duties?
It depends on the hours and duties you work. If the injury reduces your earnings, you may still be entitled to income compensation. Keep your payslips and discuss your entitlements with a lawyer.
What if my employer has no suitable duties?
Employers must offer your usual position if practicable, or another suitable one. If none exists, ask for confirmation in writing, keep your certificates up to date and check your payment entitlements.
Speak With a Workers Compensation Lawyer in WA
If the duties offered seem unsuitable, get clear advice before you accept, refuse or sign anything. Contact our team today to discuss your situation and protect your entitlements.