Return-to-Work & Injury Management: An Employer's Duties in Victoria

What are an employer's return-to-work obligations in Victoria?

When one of your workers is injured and can't do their normal job, Victorian law requires you to plan and support their return to work — starting before the WorkSafe claim is even accepted. That means offering suitable employment for up to 52 weeks, appointing a return to work coordinator, and staying in regular contact, all while keeping the worker's information confidential.

When do your obligations actually start?

Employer return-to-work obligations begin as soon as you receive any of the following, not once a claim has been formally accepted:

• the injured worker's certificate of capacity
• the injured worker's claim form
• notification from your WorkSafe agent that either has been received

Waiting for a claim decision before engaging with the injured worker is a common mistake — the clock is already running.

What must an employer actually do?

WorkSafe Victoria sets out core obligations for employers managing an injured worker's return to work:

1. Plan the return to work — get information about the worker's capacity, consider reasonable workplace support or modifications, and propose suitable or pre-injury duties.
2. Monitor progress — consult directly with the worker, and with their treating health practitioner (with consent) or occupational rehabilitation provider if one is involved.
3. Provide suitable employment — for up to 52 weeks following the injury if the worker has an incapacity, and pre-injury (or equivalent) employment once they've returned to full capacity.
4. Appoint a return to work coordinator — someone with appropriate seniority and competence to help meet these obligations. (Whether your business needs a dedicated, formally trained coordinator depends on its size and risk profile — that's a topic we cover in more detail elsewhere; this guide focuses on the general duties around planning and supporting return to work.)
5. Provide a safe work environment — your OHS Act 2004 duties don't pause during return to work; they need to be actively considered when planning modified duties.
6. Keep information private — workers compensation, privacy and health records legislation all apply to how you handle an injured worker's personal and medical information.
7. Avoid discriminatory conduct — you cannot dismiss, threaten to dismiss, or treat a worker less favourably because they've made a claim or reported an injury.

What happens if you don't meet these obligations?

WorkSafe actively monitors compliance, and a return-to-work inspector may visit your workplace. Where there are gaps, inspectors typically issue an improvement notice first — but employers who breach their return-to-work obligations risk prosecution and penalties of up to 180 penalty units for an individual and up to 900 penalty units for a body corporate, per offence.

Practical steps that help meet the obligations

• Contact the injured worker early to offer support, not just paperwork
• Give them clear, current information about their return-to-work arrangements
• Tell them who their return to work coordinator is, and that a call is coming
• Be ready to make workplace changes — modified hours, altered duties, mechanical aids — to accommodate their return
• Loop in other workers on what support looks like, without breaching the injured worker's privacy

FAQ

How long do I have to provide suitable employment to an injured worker? Up to 52 weeks following the injury, for as long as the worker has an incapacity for work. Once they've returned to full capacity, you must provide pre-injury employment or the equivalent.

Do all Victorian employers need a dedicated return to work coordinator? Every employer has to appoint someone competent and senior enough to help meet return-to-work obligations. How formal that role needs to be scales with the size and risk profile of the business — worth checking against your specific circumstances.

Can I dismiss a worker who has lodged a WorkCover claim? Not because they lodged the claim or reported an injury. Victorian workers compensation legislation specifically prohibits dismissing, threatening to dismiss, or otherwise disadvantaging a worker for pursuing a compensation claim or notifying an injury.

If return-to-work planning feels like one more thing on top of running the floor, a safety practitioner can help you find the gaps in your systems before WorkSafe does — book a site assessment at https://ardmor.com.au/book-audit.

This article is general information for Victorian manufacturers, not legal advice. Last updated: 10 August 2026.