5.3.3 Assess employer's response
Determine if employer provided employment
Determine whether the employer has provided the worker with employment.
See: Provide employment
If employment has been proposed
Monitor progress if the employer has proposed suitable or pre-injury employment (1) In this Part — pre-injury employment means the employment of a worker in a position which is the same as or equivalent to the position in which the worker was employed before receiving the injury and the worker has returned to work.
If employment has not been provided
Consider referring the file to the RTW Return to Work Inspectorate if the employer:
- has refused to comply with their obligation to provide employment
- asserts its failure to comply with their obligation to provide employment is because the employer considers that it is not reasonable to provide pre-injury or suitable employment and the Agent is not satisfied with the reasons provided for this assertion.
Determine if employer has adequately undertaken RTW planning or consulting
Determine if the employer is undertaking adequate RTW planning or consulting about return to work.
See: Plan return to work | Consult about RTW
If the employer is not undertaking adequate RTW planning or consulting, consider referring the file to the RTW Inspectorate if:
- the employer has refused to comply
- the employer asserts its failure to comply is because it considers that they have been undertaking RTW planning or consulting to the extent that it is reasonable to do so and the Agent is not satisfied with the reasons provided for this assertion.