I work in an aged care facility and have suffered a shoulder injury. I consulted my GP who says I will more than likely make a full recovery and can work in the meantime, however, with some lifting restrictions and on reduced hours. My GP also gave me a workers comp certificate that reflects my restrictions and hours. When I gave my certificate to my manager, they told me that they had no work for me to do and that I will have to remain off work until I make a full recovery.

The insurance company has accepted my claim and indicates that I should be working to the capacity of the certificate. What can I do?

If any worker has suffered a workplace injury and has a SIRA certificate of capacity, the employer is obliged under current legislation to make every reasonable effort to provide work that is suitable.

Our advice is to think about your usual role and the restrictions your GP has recommended. Write a list of all the duties that will comply with your restrictions, discuss these with your GP and then write to your manager letting them know you have identified suitable duties and requesting again that they provide them.

Please call NSWNMA if your manager still refuses to provide suitable duties. We will require a copy of your certificate, your manager’s contact details, the list of duties and all correspondence with the insurer.