How does my WorkCover claim affect my job?

• You discuss your condition with your treating medical practitioners so that you have a clear understanding of what activities you can and cannot do.


• Discuss with your doctor the need for a graduated return to work plan.


• Contact your employer's rehabilitation provider and discuss your restrictions with them. You should also discuss the possibility of retraining with them. If you know of an alternative job that you think you can do at work, tell them about it. Your WorkCover Claims Agent will be able to give you the details of your employer's rehabilitation provider. It is a good idea to use a rehabilitation provider as a buffer between you and your employer when negotiating the return to work.


• If you return to work, make sure that you regularly consult with your doctor to ensure that you are able to cope and that any work you are doing is not causing permanent damage to your condition.


• Ensure that your rehabilitation provider regularly monitors your return to work so that adjustments can be made if necessary.

• When you receive an offer of employment, tell work or WorkCover that you intend to discuss the offer with your doctor.


• Fully inform your doctor about your ability to do the job and detail any concerns you may have about the job or the number of hours involved. Your doctor may suggest some modifications to the job or your rate of return.


• Ask your doctor for a certificate setting out those modifications.


• Give the certificate to work. This will be evidence of your doctor's concerns and your reliance on your doctor.


• If you return to work, ensure that you attend your doctor and detail any difficulties you are having returning to work. Inform your rehabilitation provider of any difficulties you may have with the job.

Does my employer have to hold my job open?

The WorkCover legislation requires your employer to provide you with suitable employment (if you remain partially incapacitated) or equivalent employment (if you have recovered) within the first 12 months of your absence from work. Technically the failure to offer this employment is an offence against the WorkCover legislation and your employer can be prosecuted for breaching the section. Only WorkCover can launch a prosecution and if you have not been offered suitable employment you should report the matter to the WorkCover compliance branch by phoning 96411555 Unfortunately this part of the WorkCover legislation it is quite toothless as prosecutions by WorkCover are very rare and an employer can escape any penalty if they can show that offering suitable work would cause them ' unjustifiable hardship

Can I be sacked while on WorkCover?
There is no specific law that prevents an employer sacking you whilst you are on WorkCover. It is however an offence for an employer to sack you solely because you have made a claim. Sacking you whilst you are on WorkCover (or even after you have returned to work), may be an unfair dismissal or disability discrimination. If you are sacked whilst on WorkCover, your payments will continue provided you remain incapacitated. Payments can be temporarily suspended if you receive termination or redundancy payments (click here for more information) or if you access superannuation benefits.