Can An Injury Mean Your Employer Must Change Your Work Arrangements?

Short answer: often, yes , but it depends on the injury, the role and the adjustment.

In Australia, an injury may be covered as a disability under federal anti-discrimination law. If you can still perform the essential (“inherent”) requirements of your job with reasonable support, your employer generally needs to consider and provide reasonable workplace adjustments.

An adjustment might include altered hours, working from home, extra breaks, equipment, changes to how particular tasks are done, or temporarily swapping duties. For example, a worker with a back injury may be able to exchange lifting tasks for suitable desk-based work.

Join A Community That Gets You

That does not mean an employer must agree to every arrangement requested. They can refuse an adjustment if it would cause “unjustifiable hardship”, a high bar involving major difficulty or unreasonable cost or if you cannot perform the job’s inherent requirements even with reasonable adjustments. The employer should genuinely consider options and discuss them with you, rather than make assumptions about what you can or cannot do.

Join A Community That Gets You

What to do

Keep the conversation practical. Tell your manager or HR what restrictions you have, what work you can safely do, and the specific changes that could help. A medical certificate or treating practitioner’s advice can be useful, particularly where safety or modified duties are involved.

You do not necessarily have to disclose every detail of your diagnosis. Focus on the functional information your employer needs to assess safe work and possible adjustments.

If the injury is work-related, workers’ compensation and return-to-work laws in your state or territory may create additional obligations. Separately, employees with evidence of illness or injury have protections from dismissal for certain absences under the Fair Work Act.

If your employer dismisses your request without meaningful discussion, seek tailored advice. JobAccess offers free, confidential guidance and may help fund eligible workplace modifications; the Fair Work Ombudsman, your union, community legal centre or an employment lawyer may also be appropriate depending on the issue.

This article is general information, not legal advice. The exact position can vary with the facts, your state or territory, your award or enterprise agreement, and whether the injury is work-related.

Check Out Resources and Business Hacks