In my experience, most workers who have just been injured are not after a "compo payout" and are more concerned with keeping their jobs and getting medical treatment.
Sadly in some workplaces there is still a stigma attached to workplace injuries and employers do not always do the right thing when injuries occur.
It is important to know your rights and get advice early on if your employer is not letting you return to work.
There are a number of employment protections built into the NSW Workers Compensation scheme including:
It is an offence for an employer to terminate your employment because of an injury within 6 months after you first go off work.
If the employer later terminates your employment because of the injury, you can apply for reinstatement to any job that you are medically fit for provided it is not more advantageous to you than your pre-injury employment. Such an application should be made to the employer within 2 years after the termination. The NSW Industrial Relations Commission can make a reinstatement order if your employer does not accept your application.
If you are unable to return to your pre-injury duties but you have some capacity for work, your employer must provide you with suitable duties that are, as far as reasonably practicable, the same as or equivalent to the employment you were in at the time of the injury.
The employer does not have to provide suitable duties if it is not reasonably practicable to provide that employment, you have resigned, or your employment has been terminated for reasons unrelated to the injury. The Workers Compensation Commission can hear disputes about provision of suitable duties.
It may also be disability discrimination if your employer does not make reasonable adjustments to help you perform your job. A complaint may be made to the NSW Anti-Discrimination Board, or the Australian Human Rights Commission.
If you cannot return to work with your pre-injury employer, compensation may be available to assist you with the costs of retaining or the costs associated with commencing employment with a new employer.
SIRA has a number of incentives they can offer new employers to keep you employed in a suitable duties position.
Contact us for more information.
DISCLAIMER: This blog is made available by Mortimer Fox Lawyers to give you general information and a general understanding of the law, not to provide specific legal advice. Unless otherwise stated, all information provided pertains to injuries sustained in or in connection with New South Wales. By using this blog you understand that there is no solicitor client relationship between you and Mortimer Fox Lawyers. This blog should not be used as a substitute for legal advice. If you require legal advice please contact us for an appointment.
Comments