What if my employer says there are no suitable duties after a motor accident?

A useful letter identifies the normal role, inherent duties, proposed restrictions, available hours, workplace adjustments considered and why they cannot be accommodated. “No light duties” without detail is weak evidence. Ask whether reduced hours, alternative tasks, remote work, different shifts or a staged plan were considered where appropriate.

The Certificate of Fitness should state functional limits rather than only “unfit” or “suitable duties”. For example, limits on driving, lifting, standing, concentration or shift length can be compared with the actual role. The treating practitioner should not certify a duty without accurate information about what it requires.

Keep communications factual. A return-to-work discussion is not a contest about loyalty. Record offers, concerns, medical advice and outcomes so the insurer can see whether work failed because of accident-related restrictions or an unrelated workplace issue.

If no work is performed, actual post-accident earnings may be nil. The statutory formula can nevertheless use a higher post-accident earning-capacity figure. Before week 79, capacity is tied to the employment held immediately before the accident. Ask how the insurer reconciles its figure with the employer’s evidence that the relevant duties are unavailable or cannot be performed within restrictions.

After week 78, a lack of duties with the original employer is not the end of the analysis. The insurer may identify other employment reasonably available. It should address the claimant’s injury, age, education, skills, experience, residence, rehabilitation, Certificate of Fitness and time seeking work, not merely name a generic occupation.

Worked example: a warehouse cannot offer a certified four-hour sedentary shift. During an early entitlement period, that evidence bears directly on fitness in the pre-accident employment. Later, the insurer may investigate other work, but should identify realistic roles, hours, location and pay rather than assume the claimant can earn full wages elsewhere.

Obtain the written decision and relied-on evidence. Separate a payroll question from a medical or vocational capacity question. If the insurer assumes duties with the current employer, ask the employer to answer that assumption directly. If it assumes another job after week 78, test availability and suitability.

Continue reasonable treatment, rehabilitation and job-search or vocational steps where required and medically appropriate. Participation does not concede the insurer’s dollar figure. It creates evidence about what work is realistically possible and whether support could improve capacity.

A reduction or amount decision may be subject to internal review and PIC merit review. Section 3.19 notice rules may apply to a reduction after continuous weekly payments, but exceptions include reductions resulting only from changed earnings or statutory rate periods. Check the actual reason and notice rather than applying one rule to every change.