Providing suitable employment
If you are injured at work and have some capacity to return to work, your employer must provide you with suitable employment. Suitable employment is employment for which you are fit and able to complete and, as far as reasonably practicable, the same or similar to your pre-injury employment.
When considering suitable employment options which may be available with your employer, your case manager must take into consideration your:
- capacity to work and previous employment
- age, education, skills and work experience
- place of residence
- medical history
- requirements of your return to work plan
- any other relevant information.
If you believe your employer has failed to make reasonable efforts to identify and offer you suitable employment in your workplace you can:
- submit an employer investigation request to ReturnToWorkSA.
- apply to your employer in writing seeking suitable employment - refer to section 18 (3) of the Return to Work Act 2014; or if that fails,
- apply to the South Australian Employment Tribunal for an order that your employer provide suitable employment.