One of the main goals of the workers compensation system is to return injured workers to the workplace in a safe and durable manner.
Due to the serious nature of some injuries not all workers are able to return to the workforce. However in situations where a worker has the capacity to return to work, the worker must make reasonable efforts to return to work and the employer must supply suitable rehabilitation and suitable duties where it is reasonably practical to do so.
In circumstances where suitable duties are available but the employer refuses to provide the same, action may be taken in the Workers Compensation Commission to try to have suitable duties provided. These actions are now more important than ever as a workers entitlements to weekly compensation and in turn medical expenses can be affected when a worker who has capacity to work isn’t working.
When discussing your return to work options with your doctor it is important that the doctor is aware of the exact requirements of your role and what you would be required to do in the proposed suitable duties. If your doctor agrees that you would be capable of performing some type of work, then the appropriate certificate of capacity should be issued with the restrictions clearly detailed. If you have concerns about your ability to return to work or to perform any duties proposed by your employer it is important that you discuss your concerns with your doctor before returning to work to ensure that you are capable of returning to work in a safe and durable manner.
In some cases if there has been a delay in returning to work due to the nature of your injury the employer may seek to terminate your employment or ask you to consider resigning. You should not resign from your employment or accept a redundancy before seeking legal advice as this can have a detrimental impact on your claim.
If your employment is terminated you may also be able to take industrial action as a result of an unfair dismissal. Strict time limits apply to claims for unfair dismissal and urgent legal advice should be sought if your employment is terminated whilst you are on workers compensation.
For expert advice on your workers compensation rights or employment rights, contact our expert team of lawyers here at Taylor & Scott. Phone 1800 600 664 or email us at info@tayscott.com.au.
Remember all workers compensation claims are run with a grant of legal assistance from WIRO meaning you pay no legal costs whatsoever.
At Taylor & Scott “We Care For You”.
