The simple answer is yes. In Queensland, your employer cannot dismiss you solely or mainly because of your injury for 12 months after the injury date.
You also have the right to a graduated return to work based on suitable duties, and your employer must take all reasonable steps to help with your rehabilitation.
If they refuse, there are penalties of up to $83,450, or 500 penalty points.
Understanding Your Return-to-Work Rights
The 12-month dismissal protection
Under section 232B of the Workers' Compensation and Rehabilitation Act 2003 (Qld), your employer cannot dismiss you “solely or mainly” because you are not fit for work due to your injury. This protection lasts for 12 months from the date of injury.
The phrase "solely or mainly" means your injury cannot be the dominant factor in a dismissal decision.
As mentioned above, if your employer dismisses you during this period and your injury is the main reason, they face a maximum penalty of 500 penalty units ($83,450). As of July 1, 2025, the value of a penalty unit in Queensland is $166.90.
What are suitable duties?
Suitable duties are modified or alternative tasks your employer provides while you recover.
Your employer must:
- Comply with the restrictions and advice set by your treating doctor
- Provide duties that are safe and appropriate for your injury
- Pay at least 85% of your pre-injury earnings.
- Give meaningful work, not token or demeaning tasks
Your treating doctor will issue a certificate of capacity that clearly sets out what you can and can’t do.
Your employer and their insurer must follow those medical restrictions and can’t override your doctor’s assessment on their own.
What if your employer says there are no suitable duties?
If your employer claims suitable duties are not available, they must provide the insurer with written evidence explaining why. Under the 2024 amendments, the insurer must independently verify the workers compensation claim. They can no longer accept it at face value.
Failing to provide that written evidence carries a penalty of up to 100 penalty units ($16,690).
Your Entitlements and Protections
You’re covered by multiple Queensland and federal laws at the same time, and each one gives you a different way to take action if your employer isn’t meeting their obligations.
What you're entitled to:
- A return-to-work plan prepared in consultation with you (within 10 business days of claim acceptance)
- Suitable duties paid at a minimum of 85% of pre-injury earnings
- Ongoing weekly compensation during disputes about fitness for duties
- The right to choose your own treating doctor
- Protection from your employer or insurer being present during medical treatment
- Reinstatement to your previous role if dismissed within 12 months of the injury taking place
What your employer must do:
- Take all reasonable steps to help with your rehabilitation (section 228 of the Act)
- Cooperate with WorkCover and any rehabilitation provider
- Provide suitable duties or give the insurer written reasons why they cannot
- Not dismiss you solely or mainly because of your injury for a period of 12 months
- Notify any replacement worker that their position is temporary and that you have the right to resume your role
What to Do If Your Employer Refuses
If your employer is not meeting their return-to-work obligations, follow this escalation path:
In the first week
- Get an updated medical certificate with clear restrictions from your treating doctor.
- Request a written return-to-work plan from your employer. Put the request in writing (email is fine).
- Contact your WorkCover case manager on 1300 362 128. Explain what is happening and ask them to intervene.
- Document everything in writing. Keep copies of all emails, letters and text messages.
If nothing changes within 14 days
- WorkCover contacts your employer and requires a response within 14 days.
- WorkCover may conduct a workplace assessment to determine whether suitable duties are available.
- A mediation or compliance meeting may be arranged between you, your employer and WorkCover.
If the situation continues beyond 28 days
- Lodge a formal dispute with the Workers' Compensation Regulator.
- Apply to the Queensland Industrial Relations Commission (QIRC) for reinstatement or other orders if you have been dismissed.
- Lodge an anti-discrimination complaint with the Queensland Human Rights Commission (QHRC) if you believe you are being treated unfairly because of your injury.
- Seek legal advice about unfair dismissal or general protections claims.
Common Scenarios and Questions
Can my employer fire me while I'm on WorkCover?
Your employer cannot fire you solely because of your injury. For 12 months after the injury date, your employer cannot dismiss you if the main reason is that you are not fit for work due to your injury. They can still dismiss you for genuine reasons unrelated to the injury, such as serious misconduct or redundancy. But the onus falls on them to prove the injury was not the main factor.
What if my employer hired someone to replace me?
If your employer has hired a replacement, they should have told that individual that it was a temporary posting. Under section 232C of the Act, an employer who hires a temporary replacement must give that person written notice that the position is temporary and that you have the right to resume your role when this becomes possible.
If your employer hired a permanent replacement instead, this may support a claim that they breached the dismissal protection.
Do I have to be fully recovered before I can go back?
No. You do not need to be 100% recovered to return to work. A graduated return to suitable duties means you start with reduced hours or modified tasks and progressively increase as your recovery allows. Your treating doctor determines what you can do through a certificate of capacity.
What if the insurer sends me to their own doctor?
Generally, it’s best practice to attend, but your treating doctor still leads your care. Under section 135 of the Act, the insurer can request that you attend an Independent Medical Examination (IME).
If you don’t have a reasonable excuse, your benefits may be suspended. However, the 2024 amendments strengthened your right to choose your own treating doctor, and the IME does not replace your treating doctor's role.
What if I work for a national company like Woolworths or Coles?
Even if your employer operates nationally, your WorkCover claim is still governed by Queensland law. Workers’ compensation is state-based, so if your state of connection is Queensland, your claim stays within the QLD system.
At the same time, your employment rights run under a separate system. Most private sector employees are covered by the Fair Work Act 2009, which means both systems can apply at once.
In simple terms, you’re protected on multiple fronts:
- You get 12-month dismissal protection under Queensland law, enforced through the Queensland Industrial Relations Commission
- You also have temporary absence protection under the Fair Work Act, enforced through the Fair Work Commission
- You may have general protections against adverse action (e.g. because of injury or disability), with uncapped compensation available
- Time on WorkCover does not count toward the Fair Work 3-month absence limit, so the clock is effectively paused
- Strict time limits apply, with many claims needing to be lodged within 21 days of dismissal
The key takeaway is that being employed by a national company doesn’t reduce your rights. You may actually have multiple legal pathways available at the same time, depending on your situation.
What if I were injured while working interstate?
It depends on where you usually work, not where the injury happened. Queensland uses a ‘state of connection’ test under section 115 of the Act:
- Where do you usually work?
- Where are you usually based?
- Where is your employer's principal place of business?
If none of these gives a clear answer, it defaults to ‘where the injury happened’. Temporary interstate assignments of less than 6 months are disregarded when determining where you usually work. FIFO workers are generally covered by their home-state laws.
Example: A Brisbane-based worker injured on a work trip to Sydney would claim under QLD WorkCover because they usually work in Queensland.
Red Flags: Is Your Employer Holding Up Their End of the Bargain?
Watch for these warning signs:
- Pressure to perform tasks that exceed your medical restrictions
- No contact from your employer within 14 days of receiving your capacity certificate
- Threats about your job security related to your injury or your WorkCover claim
- A hostile work environment, social isolation or demeaning tasks upon returning
- Payment below 85% of pre-injury earnings without WorkCover approval
- Your position is being advertised or permanently filled while you are recovering
- You’re being discouraged from lodging or continuing your WorkCover claim
If you are experiencing any of these, document everything in writing and contact your WorkCover case manager on 1300 362 128 immediately.
Legal Framework
Three key pieces of legislation protect injured workers in Queensland:
The Workers' Compensation and Rehabilitation Act 2003 (Qld) is the primary legislation. It provides the 12-month dismissal protection, the employer rehabilitation obligation, and the right to apply for reinstatement through the QIRC.
The Anti-Discrimination Act 1991 (Qld) prohibits discrimination on the grounds of impairment in all aspects of employment. Employers must provide reasonable adjustments unless doing so would have a serious impact on the business.
Fair Work Act 2009 (Cth) is a separate system covering general employment rights for most private sector employees. It provides temporary absence protection (s352) and general protections against adverse action because of disability (s351). These federal protections run alongside the QLD workers' compensation protections, not instead of them.
When to Get Legal Advice
Consider getting legal advice if:
- Your employer has dismissed you or is threatening dismissal while you are on WorkCover
- You have been denied suitable duties, or your return-to-work plan has not been prepared
- Your employer is pressuring you to work beyond your medical restrictions
- You are being paid less than 85% of your pre-injury earnings while on suitable duties
- Your employer has hired a permanent replacement for your role
- The insurer has reduced or stopped your benefits following an independent medical examination (IME)
- You have been dismissed and the 21-day deadline for an unfair dismissal claim is approaching
Why early advice matters:
- Multiple legal time limits can run at the same time, so it’s important not to rely on just one deadline
- The 21-day unfair dismissal deadline is the strictest and cannot usually be extended
- You may also have a 12-month reinstatement window available under Queensland law
- Anti-discrimination complaints generally have a 1-year deadline
- Acting early strengthens your evidence and your claim, even where longer timeframes apply
Key Takeaways
- Your employer cannot fire you solely because of your injury for 12 months. The maximum penalty for doing so is $83,450 under the 2024 changes to Queensland law.
- You have the right to suitable duties that match your medical restrictions and pay at least 85% of your pre-injury earnings.
- If your employer refuses, start with your WorkCover case manager (1300 362 128) and escalate to the QIRC or QHRC if needed.
- You do not need to be fully recovered to return to work. A graduated return to modified duties is the standard approach.
- Multiple laws protect you. QLD workers' compensation law covers your claim and return to work. The Anti-Discrimination Act and the federal Fair Work Act provide additional, overlapping employment protections with different pathways and timeframes.
- Queensland's return-to-work rate is 90.2%, above the national average of 88.9%, according to the WorkCover Queensland Annual Report 2024-25.
Get Help Now
If you’re concerned about your return to work or if you feel that your employer is not complying with their legal obligations, as outlined above, Smith's Lawyers offers a no-obligation review of your situation with no upfront cost. A member of the team will assess your rights, explain your options and let you know the best course of action.
Contact Smith's Lawyers today:
- Call 1800 960 482 for a free, no-obligation consultation about your situation
- No upfront costs: We operate on a No Win, No Fee, No Catch® basis; you only pay if we secure compensation for you
- Or request a call back: Use the form below to have our experienced team get in touch at a time that’s convenient for you.
