If you have been injured at work in Queensland, your employer usually has to help you return to work on suitable duties.
Suitable duties are lighter or modified tasks that match what your doctor says you can safely do while you recover.
Your employer must take all reasonable steps to provide this work. If they genuinely cannot provide suitable duties, they must explain why to the insurer in writing.
Understanding Suitable Duties and Return to Work
Suitable duties are alternative work you do while you recover when your injury means you cannot safely complete your normal tasks, hours, or workday.
WorkSafe Queensland describes them as meaningful, lighter duties that support your recovery, not busywork and not tasks that could make your injury worse.
What makes duties ‘suitable’?
Under the Workers' Compensation and Rehabilitation Act 2003 (Qld), duties are suitable when they fit your situation. That means work you are actually able to do given your injury, your usual job, and the medical information concerning your recovery.
Suitable duties are built around your doctor's advice. According to WorkSafe Queensland, employers are meant to look at things like your skills, your experience and your personal situation when working out what you can do, not simply hand you a random job to tick a box.
A common misunderstanding is that suitable duties mean ‘any easier task’. It does not. Light physical work given to someone whose injury or background makes it unworkable is not suitable, even if it looks easy on paper.
The return-to-work plan (‘My Recovery Plan’)
If your claim has been accepted, a written return-to-work plan is prepared for you. WorkCover Queensland now calls this a ‘My Recovery Plan’.
It is developed in consultation with you, your employer and your treating health providers, and it sets out your recovery goals and the steps to get there.
WorkCover normally establishes this plan within 10 business days of accepting your claim and shares it with everyone involved to gain feedback. If your employer is a self-insurer, they run their own equivalent plan under the same rules. Understand more about self-insurers here.
Sitting under that plan is your suitable duties program: this document spells out exactly which ‘light’ tasks you will do, for how long, and how they are going to change as your fitness improves.
Read our article on ‘How Long Can You Be on Light Duties at Work’ for more information.
Your Rights and Your Obligations
Under the My Recovery Plan scheme, you have real protections, but you also have responsibilities you must uphold. Fulfilling your end of the bargain protects your compensation.
What you are entitled to:
- A return-to-work plan developed with input from you, not imposed on you
- Suitable duties that stay within the limits of your work capacity certificate
- Continued compensation if genuine suitable duties cannot be provided
- Protection from being dismissed solely or mainly because your injury makes you unfit, generally for the first 12 months after the injury
- Your job kept open where practical (within reason) while you recover
What you must do in return:
- Take part in reasonable rehabilitation and your return-to-work plan
- Give a copy of every current work capacity certificate to WorkCover (or the self-insurer) and to your employer
- Follow the medical treatment your doctor recommends
- Make a genuine effort at suitable duties that are actually within your capacity
The basis for most of this is your work capacity certificate. As WorkSafe Queensland explains, it records what you can and cannot do and sets the boundaries your employer has to work within.
If you want further details on how pay and benefits work during this period, read ‘What Payments Does WorkCover Queensland Cover?’
Return-to-Work Legislation
Suitable duties and return to work in Queensland are governed by the Workers' Compensation and Rehabilitation Act 2003 (Qld), not general work health and safety law. Here is what the key sections mean for you.
Section 42 (meaning of suitable duties) defines suitable duties by reference to your incapacity, your job before the injury, the relevant medical information, and your return-to-work plan. In plain terms, ‘suitable’ is measured against you and your injury, not against the employer’s definition or expectations.
Section 228 (employer must assist or provide rehabilitation) states that your employer must take all reasonable steps to assist or provide you with rehabilitation. If they cannot provide suitable duties, they must give the insurer written notice explaining why, with supporting evidence. Penalties can apply if that evidence is not sufficient.
Section 226 (return-to-work coordinator) confirms that larger employers and those in higher-risk industries above set wage thresholds tied to Queensland Ordinary Time Earnings (QOTE) must appoint a Rehabilitation and Return-to-Work Coordinator who is based in Queensland and properly trained. A typical example here would be a large mining company.
Section 232B (dismissal protection) guarantees that, within 12 months after you sustain an injury, your employer must not dismiss you solely or mainly because you are not fit for your position due to that injury. This does not stop dismissal for genuine, unrelated reasons such as redundancy.
It’s also worth pointing out that a 2024 amendment to the Act tightened pre-existing legislation. Insurers now have to look harder at an employer's claim that providing suitable duties is ‘not practicable’, rather than simply accepting it.
Common Scenarios and Questions
Can I refuse to do suitable duties?
You can refuse duties that go beyond your medical restrictions or put your safety at risk, but refusing genuinely suitable work can affect your payments. If the tasks match your work capacity certificate and are safe, they are considered suitable, and unreasonably refusing them can lead to your weekly compensation being reduced or suspended. If you think the duties are wrong, don’t panic. Raise the issue in writing with your employer and your WorkCover case manager first.
What if the duties aren't really suitable for me?
Ask for the duties in writing and compare them line by line against your work capacity certificate. If the tasks exceed your restrictions, ask your doctor to confirm this on an updated certificate. Then, report the mismatch to your WorkCover case manager, who can arrange a workplace assessment to check whether the duties truly fit your medical limits. Duties that look light but ignore your specific injury are not suitable, even if others could do them easily.
Does my employer have to give me my old job back?
The aim is to get you back to the role you had prior to the injury, or a stable alternative if that is not possible. That said, the exact same job cannot always be guaranteed. Your employer must take reasonable steps and, where deemed practical, keep your position available. If returning to your old duties is not realistic, retraining or other options may come into play. You can find more information about returning to work here.
What happens if my employer says there are no suitable duties?
Your employer cannot just say no. They have to justify it to the insurer in writing. Under section 228, an employer who cannot provide suitable duties must give the insurer written reasons and evidence. If that evidence does not stack up, penalties can apply.
When an employer is not meeting these obligations, see ‘What to Do If Your Employer Fails to Provide Suitable Duties or a Return-to-Work Plan’.
If no genuine duties exist, it doesn’t necessarily mean you’ll be forced to stay home. WorkCover Queensland offers a Recover at Work Program, where a host employer can take you on temporarily. This can be an opportunity to maintain skills and earn an income while in recovery.
Can I be sacked while I'm on suitable duties?
Generally not, if the reason is your injury. This applies to the first 12 months after it happened. Section 232B stops an employer from dismissing you solely or mainly because your injury makes you unfit for your position within that window. Dismissal for a genuine and unrelated reason, such as a restructure, can still happen.
Do I still get paid if I'm on suitable duties?
Yes. When you return on reduced or modified duties, compensation is designed to top up the gap while you earn less than your normal wage. The exact figures depend on your circumstances and stage of the claim. You can read more about this in our article on ‘What Payments Does WorkCover Queensland Cover?’
Red Flags and Warning Signs
Most return-to-work arrangements run smoothly. However, if any of these scenarios arise, it’s best to pause and think about the potential consequences.
- You are given ‘suitable duties’ that clearly breach the limits on your work capacity certificate
- You are pressured to do more than your certificate allows, or to hand in your certificate less often
- Your employer refuses to put the duties or the reasons for ‘no suitable work’ in writing
- You are being forced to resign, take unpaid leave, or use your own sick leave instead of being placed on suitable duties
- You are treated as a problem, sidelined, or given demeaning tasks after raising your injury
Common mistakes to avoid:
- Agreeing verbally to duties you know exceed your restrictions
- Stopping duties without telling your case manager or getting updated medical advice
- Letting your work capacity certificate lapse
- Assuming a verbal promise about the continuation of your role is enough
When to Seek Legal Advice
Get advice early if any of these apply to you:
- Your employer says no suitable duties are available and you doubt that this is genuine.
- You are being asked to work beyond your medical restrictions.
- You are being pressured to resign, or you have been dismissed while unfit for work.
- Your workers' compensation payments have been reduced or stopped because you questioned unsuitable duties.
- There is a dispute about what your work capacity certificate actually allows.
Early advice matters because work injury disputes can become more difficult if problems are not addressed quickly.
An insurer or employer may know that a worker acting alone is less likely to formally challenge a decision, which can influence how firmly they deal with workers' compensation entitlements.
Having a solicitor involved shows that your concerns can be escalated through different channels if the issue is not handled fairly. Thankfully, most matters resolve before reaching that stage.
Key Takeaways
- Suitable duties must fit you and your injury. They are measured against your work capacity certificate, your usual job and your medical situation, not the employer's convenience.
- Your return-to-work plan is a shared document. WorkCover normally sets up your My Recovery Plan within 10 business days of accepting your claim, in consultation with you.
- Your employer must take reasonable steps. If they cannot provide suitable duties, they must justify it to the insurer in writing under section 228. You then have several options, one of which includes WorkCover’s Recover at Work Program.
- You can refuse unsafe or over-limit work. You cannot be forced beyond your medical restrictions, but unreasonably refusing genuine suitable duties can affect your payments.
- You have dismissal protection. For the first 12 months after your injury, generally speaking, you cannot be dismissed solely or mainly because your injury makes you unfit.
- Keep everything in writing. Certificates, duty lists and reasons for decisions are your best protection if a dispute arises. Keep these safe.
Get Help Now
If you are unsure whether your duties are genuinely suitable, or your return to work is not going the way it should, you can talk it through with our team.
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.
Our team of experts will listen to your case and help you understand the best options available to you, all free of charge.
