Workers' Compensation, Employment Security and the Return to Work Process

Abstract

Vocational rehabilitation of injured workers to facilitate their early return to work is now an established feature of workers' compensation arrangements in Australia. Critical to the return to work process is the provision by employers of suitable employment for workers following work related injury wherever this is reasonably practicable. This article emphasises the importance of employment security measures within the workers' compensation arena for both injured workers and the control of scheme costs. It highlights the precarious nature of employment security measures in Australian workers' compensation schemes due largely to the lack of enforcement, and the concomitant need for legislative and administrative reform. In doing so a number of specific reform proposals are put forward for discussion. In addition the nexus between employment security measures and the operation of the labour market is briefly considered.