I have an historic physical injury from work and struggle to perform my role in ICU, though I can perform work that isn’t as physical. My employer said they may medically terminate me. What are my rights?

Under the workers Workplace Injury Management and Workers Compensation Act 1998 (NSW), both employers and injured workers have an obligation to co-operate and make reasonable efforts to return to work in suitable employment or pre-injury employment. If you have some capacity to work but not ‘on the floor’, your employer should offer you suitable alternate duties (something that isn’t related to your role) as you recover.

Your employer has an obligation to provide suitable duties, which means employment in work for which the worker is currently suited which must have regard to the nature of the worker’s incapacity, the worker’s age, education, skills and work experience. If you have capacity to work, your employer should also make reasonable adjustments to your role. There is also the option of redeployment to an area that doesn’t place as much physical demand on you. The NSW Public Health System should prioritise new vacancies for employees with workers compensation injuries. Please contact the Association to discuss your individual situation.