Question: I am an enrolled nurse at a public hospital but injured myself last year at work. It looks like I will not be able to return to my previous position but I am still able to undertake a range of duties. What are my rights to maintain employment?

Answer: Workers compensation legislation in NSW requires that as far as is practicable, every effort should be made to place an injured staff member into a position that is the same as, or equivalent to, their existing position to which they cannot return. A vacancy, for example, can be filled by the redeployment of an injured worker if they meet the selection criteria for the position or can within an agreed period, with training provided.

LHDs must have a process in place to identify injured workers and suitable positions for redeployment. This should occur prior to advertising. These obligations are also set out in Recruitment and Selection of Staff to the NSW Health Service (PD2015_026, Clause 2.3).