Reinstatement of injured workers

If an injured worker is dismissed due to injury, the worker may apply to the employer for reinstatement to employment when he or she is fit for work. 

The worker may apply to the Industrial Relations Commission for a reinstatement order, if the employer does not reinstate them immediately to employment of the kind for which the worker has applied for reinstatement (or to any other kind of employment that is no less advantageous to the worker).

An industrial organisation of employees (Union) may make the application on behalf of the worker.

Relevant Legislation

Applications for Reinstatement Orders are dealt with under s242 of the Workers Compensation Act 1987 (the Act). 

Apply

Form 59 - Application for Reinstatement of Injured Worker (s.242 WCA 1987)