Reinstatement of injured workers

Who can lodge an application?

An injured worker who is dismissed because they are not fit for employment as a result of their injury can apply to the Industrial Relations Commission of New South Wales (Commission) for a reinstatement order.¹ Their union can also file the application on their behalf.²

Prior to making the application the worker must have applied for reinstatement and provided the employer with a medical certificate from a medical practitioner that they are fit for the employment they are applying for.³ The type of employment which the worker can apply for cannot be more advantageous to the worker than that in which the worker was engaged when they first became unfit for employment because of the injury.⁴

How to apply for a review?

The Application for reinstatement of injured worker form must be submitted to the NSW Online Registry along with a copy of the medical certificate that was provided to the employer stating the injured worker was fit for reinstatement or re-employment. The application can be filed by post, email or in person at the Commission if the NSW Online Registry is experiencing technical difficulties.

The applicant must provide a copy of the application to the employer.

Who will consider the application?

The application will be allocated to a member of the Commission for conciliation. If the matter cannot be settled, the Commission will determine whether to make a reinstatement order.

What can the Commission do?

The Commission can order an employer to:

• reinstate the employee to the kind of employment requested in the medical certificate;
• re-employ the injured worker in another position the employer can reasonably provide;
• offer part-time work or duties where the employee can undergo rehabilitation; or
• remunerate the injured worker for the period between filing the application and reinstatement.⁵

The Commission can also make a consequential order that the worker’s employment period with the employer is taken not to have been broken by the dismissal.⁶

As part of the proceedings the Commission has the power to refer a dispute about the worker’s condition or fitness for employment to a medical assessor.⁷

When do you need to lodge your application?

The Commission can only make a reinstatement order if the application to the employer for reinstatement which the employer rejected was made within two years after the injured worker was dismissed, except in special circumstances.⁸

Can the Commission’s decision be appealed?

The Commission’s decision can be appealed to the Full Bench of the Commission.  See ‘Appeals’ for further details.

^{1 Workers Compensation Act 1987 (NSW) s 242(1).; 2 Ibid s 242(2).; 3 Ibid s 241(1), (3).; 4 Ibid s 241(2).; 5 Ibid s 243.; 6 Ibid s 246. See Fouad v Hillsbus Co Pty Ltd [2025] NSWIRComm 1061.; 7 Ibid s 245.; 8 Workers Compensation Act 1987 (NSW) s 242(3).}