Timing of return to work

First of all, it’s important to know that there is no ‘normal’ timeframe for returning to work after brain injury. Some employees will sadly never be able to return to work after a brain injury.

The severity of the injury suffered often plays a part. People who have had a severe brain injury are less likely to be able to return to work, although some people with major brain injuries make excellent recoveries and do go back to work.

Conversely, people who have suffered milder forms of brain injury are more likely to be able to work. However, there is no hard and fast rule, and some people with mild brain injuries are unable to work.

Recovery and rehabilitation from a brain injury can take a long time (months or years) and is sometimes ongoing for life. Ongoing recovery and rehabilitation should not stop somebody who has had a brain injury from working. However, the level of recovery reached, the particular requirements of a job role and what adjustments can reasonably be made will need to be considered when thinking about a return to work.

Employees with more severe brain injuries are more likely to lack insight into their capabilities, and could attempt to return to work too soon, which may not end well. It’s usually better to wait until they are ready rather than going through the stress of an unsuccessful return to work. Communication is key between both parties, but it can be difficult to balance the privacy rights of the employee and the information that an employer needs to help plan for an employee’s return to work.

Employers should also resist putting pressure on employees to return to work before they feel they are ready, as this can cause undue stress to the injured person; this can strain relationships and the trust needed for the parties to effectively communicate and work together in everyone’s best interests.

Existing documents can give some information about work suitability:

However, workplace needs after brain injury will be unique to the employee. There is no ‘one-size fits all’ and even if there are already documents in existence about the injured person’s condition, the employer should arrange for a full occupational health assessment of the employee’s abilities following brain injury. This should be completed by a qualified medical professional.

An employee does not have to consent to undergoing an occupational health assessment. If they do, they have the right to see the report before it is disclosed to their employer, and it will only be disclosed to the employer with the employee’s consent. However, it may be very difficult for the employer to help the employee return to work safely, or at all, if they are not provided with this report.

The outcome of an occupational health assessment could be that the injured person is unable to return to work, which can be extremely disappointing if the employee and employer are keen for the return to work to happen. Further medical advice can be sought, and the views of the employer and employee should also be considered, but there would need to be a good reason to act contrary to occupational health advice.

Employers are under a duty to consider alternative employment for employees returning to work after a brain injury if it appears they may not be able to return to their previous role (with or without adjustments being made to that role), but in some situations this will not be possible either; this could depend on the size of the employer, what roles are available and the impact of the brain injury on the employee. It can occasionally be reasonable to require an employer to create a new role for the employee, but this is not often the case. Employees who are facing a situation where their employer has assessed that they are no longer able to employ them should seek specialist advice on their options if they have concerns about the assessment/their employer’s decision. Please see the list at the end of this guide for signposting to further support.