Safety & accidents: Can I lose my job if I am off work on workers compensation?

  • If you are considered a worker under the relevant workers compensation laws, your employer must leave your position open for a certain period of time (usually 6 to 12 months) while you are off on workers compensation.
  • There are exceptions to this, however, where it would cause difficulties for your employer. Under the Fair Work Act 2009, it is against the law to fire an employee who is temporarily absent from work because of illness or injury (generally up to 3 months in a 12 month period).

What you can do