Victorian WorkCover After 52 Weeks: What Happens When Suitable Duties Stop?
- Brian AJ Newman, LLB
- 1 day ago
- 8 min read
An injured Victorian worker recently described this frustrating situation:
“My employer stopped offering reduced hours after 52 weeks. They say I still have my job, but I cannot return until I am fully recovered and able to work full-time. I completed a vocational assessment months ago, but nobody will tell me what happens next. My rehabilitation provider does not return my calls or emails, and my insurance case manager is not helping. Should I be getting a host placement, help finding a new employer or retraining? What happens to my weekly payments if I find another job?”
If this sounds familiar, you are not alone.
Many injured workers reach the end of the employer’s 52-week suitable-employment period and suddenly find themselves stuck. They may technically remain employed but have no work, no rehabilitation plan and no clear pathway forward.
Here is what Victorian workers need to know.
The short answer
After the relevant 52-week period, your employer may no longer have the same WorkCover obligation to provide suitable duties.
But that does not automatically mean:
your employment has ended;
your WorkCover claim has ended;
your weekly payments must stop;
your rehabilitation support has ended; or
your employer can ignore other obligations, including reasonable workplace adjustments.
If returning to your original employer is no longer realistic, your WorkSafe Agent should consider a clear transition to New Employer Services. Your vocational assessment should lead to a plan—not disappear into a file while everyone stops returning your calls.
What is the 52-week suitable-employment obligation?
Under section 103 of the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic), an employer must, so far as it is reasonable, provide:
suitable employment while an injured worker has some work capacity; and
pre-injury or equivalent employment when the worker no longer has an incapacity for work.
This obligation applies during the employment-obligation period.
WorkSafe describes that period as a total of 52 weeks. It is not always 52 consecutive calendar weeks. The calculation can depend on the periods during which the worker could not perform their full pre-injury duties and hours.
Once the 52-week period has expired, the employer is generally no longer required by this particular WorkCover provision to keep providing reduced hours or modified duties. Some employers continue to do so, but they may not be required to continue indefinitely.
You can read WorkSafe’s explanation at When you cannot do the same work as before your injury.
Does the end of suitable duties mean your employment is over?
No. The end of the WorkCover suitable-employment period does not automatically terminate your employment.
An employer may say that your substantive role remains available if you recover sufficiently, while also refusing to provide further reduced hours or modified duties.
That can leave you employed “on paper” but without any actual work.
Do not assume that you must resign. Resigning can affect several employment and compensation issues. Obtain individual assistance before resigning, accepting that your employment has ended or agreeing to any permanent change in your position.
Can the employer demand that you be “100% fit”?
A blanket “100% fit” rule may require closer examination.
The end of the 52-week WorkCover obligation is only one part of the picture. Separate obligations may apply under Victorian and federal discrimination laws.
The Victorian Equal Opportunity and Human Rights Commission explains that a work-related injury can be a disability under the Equal Opportunity Act 2010 (Vic). An employer may be required to make reasonable adjustments that allow an employee to perform the genuine and reasonable requirements of the job.
Reasonable adjustments might include:
reduced or graduated hours;
changes to particular duties;
additional breaks;
equipment or workplace modifications;
changes to work processes; or
flexibility about where work is performed.
Not every requested adjustment will be reasonable. An employer may refuse an adjustment where it would cause unjustifiable cost or disruption, or where the employee still could not perform the genuine and reasonable requirements of the position.
However, “we only accept employees who are 100% fit” is not a substitute for considering the person’s actual capacity and possible adjustments.
See the Commission’s guidance on disability and the workplace.
What should happen after a vocational assessment?
A vocational assessment should help identify realistic and medically suitable employment options. It may consider your:
current work capacity;
injury-related restrictions;
qualifications and experience;
transferable skills;
location and available labour market;
suitable occupations; and
need for targeted retraining.
WorkSafe’s return-to-work approach generally focuses first on returning a worker to their injury employer.
If the WorkSafe Agent is satisfied that there is no realistic return-to-work option with that employer, the goal should ordinarily move to employment with a new employer. This is commonly managed through New Employer Services, or NES.
NES may include:
job-seeking assistance;
résumé and interview preparation;
employer contact and job matching;
workplace assessments;
labour-market analysis;
support when starting a new job; and
consideration of short, targeted vocational training.
A host placement or course of study is not automatic. It usually needs to be suitable, connected to a realistic employment goal and approved by the WorkSafe Agent.
But the Agent should make a decision and communicate it. Months of silence are not a rehabilitation plan.
Is the rehabilitation provider required to help?
An occupational rehabilitation provider does not guarantee that you will receive a particular course, placement or job.
However, the provider is expected to actively assist with the approved return-to-work goal. WorkSafe says rehabilitation providers may:
work with the worker, employer, Agent and treating practitioners;
identify barriers to returning to work;
recommend strategies to address those barriers;
assess suitable duties or workplaces;
assist with return-to-work planning; and
monitor progress.
The provider should communicate with you. If the provider is repeatedly ignoring calls and emails, document every attempt and raise the problem formally with the WorkSafe Agent.
Workers are also entitled to choose an approved provider for an approved occupational rehabilitation service. If communication has completely broken down, ask the Agent about changing providers.
Read more about occupational rehabilitation provider responsibilities.
What should you do when your claim has stalled?
1. Get an up-to-date Certificate of Capacity
Ask your treating practitioner to describe your capacity as clearly as possible, including:
the hours and days you can work;
duties you can safely perform;
duties or movements you should avoid;
any required workplace adjustments; and
when your capacity should be reviewed.
Clear functional information makes it harder for your rehabilitation plan to remain vague.
2. Send one formal written request
Email the case manager, their team leader and the rehabilitation provider. Ask for a written response within 7 to 10 business days.
Request:
a copy of the completed vocational assessment and any labour-market report;
confirmation of your current return-to-work goal;
confirmation of whether New Employer Services have been approved;
a written action plan with dates and responsibilities;
details of any training, placement or job-seeking service being considered;
written reasons for any service that has been refused;
information about changing rehabilitation providers;
an assessment of your WISE eligibility; and
a written estimate of how a proposed new job would affect weekly payments.
If a requested service is refused, ask for a formal written decision, reasons and information about your review or dispute rights.
3. Keep a claim diary
Record:
every call and unanswered message;
every email;
appointments attended;
job applications;
rehabilitation activities; and
certificates and reports supplied.
This evidence may become important if someone later suggests that you failed to participate.
4. Make a formal complaint
Start with the WorkSafe Agent’s complaints process. Ask for the matter to be reviewed by a team leader or complaints officer.
If the problem is not resolved, you can complain to WorkSafe about the service provided by an Agent or occupational rehabilitation provider. WorkSafe’s Advisory Service can be contacted on 1800 136 089, or you can use WorkSafe’s online complaints process.
Be specific about the outcome you want. For example:
release my vocational report;
decide my NES request;
appoint a responsive provider;
arrange a case conference; or
provide a dated rehabilitation plan.
5. Consider conciliation if there is a decision or unreasonable delay
A service complaint and a compensation dispute are not the same thing.
The Workplace Injury Commission may accept an application where you disagree with a WorkSafe Agent’s decision or the Agent has not responded to a request within a reasonable time.
Applications disputing a written decision should generally be lodged within 60 days. Do not let repeated assurances that “someone will call you back” cause you to miss a time limit.
See the Workplace Injury Commission’s conciliation information.
What happens to weekly payments if you start a new job?
Starting a new job does not always mean your weekly payments immediately end. Your wages will usually change the amount paid.
For most workers between weeks 14 and 130, WorkSafe explains that weekly payments for a worker with some work capacity are generally calculated using:
80% of pre-injury average weekly earnings, less 80% of current weekly earnings,
subject to the detailed statutory formula and applicable maximum.
This can allow a worker to receive wages from the new employer and a reduced WorkCover top-up.
For example, if a worker earns an additional $500 in a new job, the weekly payment may reduce by approximately $400 under the general formula. The worker may be about $100 better off overall before tax. This is only an illustration. Individual calculations can differ because of statutory caps, deductions, the entitlement period and the worker’s particular circumstances.
New wages must be reported. Do not assume your wages will be ignored for the first few weeks. Ask the Agent for a written calculation before relying on any figure.
WorkSafe provides more detail in its weekly payments information.
What is WISE?
The WorkSafe Incentive Scheme for Employers, known as WISE, is designed to encourage a new employer to offer ongoing employment to an injured worker who cannot return to their previous employer.
An eligible employer may receive up to $26,000 over six months when offering an ongoing position of at least eight hours per week.
The important points are:
WISE is paid to the new employer, not the worker;
it must generally be approved before the placement starts;
it does not mean the worker’s new wages are ignored when calculating weekly payments; and
the new employer employs and pays the worker in the ordinary way.
Eligible NES participants may also receive a small Worker Assistance Scheme payment for certain initial costs of starting new employment.
Learn more at WISE for job seekers.
Do not stop participating
Even when the Agent or provider is communicating poorly, continue meeting your own obligations.
That includes:
supplying current Certificates of Capacity;
attending reasonable appointments and assessments;
participating in approved rehabilitation;
responding to contact;
making reasonable efforts to return to suitable work; and
keeping evidence of your participation.
You should be firm about delay and poor service without giving the Agent an opportunity to blame the lack of progress on you.
The MYUNION view
An injured worker should not be parked indefinitely between their old job and an uncertain future.
The end of the employer’s 52-week WorkCover obligation may change who provides the next employment opportunity. It should not bring rehabilitation planning, communication and proper decision-making to an end.
If you are stuck in this position, ask for:
your vocational report;
a confirmed return-to-work goal;
a dated rehabilitation plan;
written decisions about NES and retraining;
a responsive rehabilitation provider; and
a written weekly-payment calculation before starting new work.
Do not resign or make major employment decisions without first understanding how they may affect your rights and WorkCover entitlements.
Need support dealing with WorkSafe or your rehabilitation provider?
MYUNION supports workers who feel ignored, isolated or overwhelmed during workplace injury and return-to-work processes.
We can help you organise your documents, identify the decisions that need to be made, communicate with the Agent or provider and advocate for a clear pathway forward.
MYUNION—workers standing together for fairness, dignity and a voice at work.
This article provides general information about the Victorian WorkCover scheme as at 6 August 2026. It is not legal advice. Every claim depends on its own medical evidence, employment circumstances, claim history and formal decisions.
Authoritative sources: