People & Human Resources

Help! After a workplace injury I’m no longer wanted

Aunty B /

Good afternoon,

I have been reading your information and resource site for over 12 months now and really enjoy the daily news briefing. I am not an employer but a employee.

After a few weeks on Workers Compensation due to a workplace injury (cut and stitches to my leg) I found I am no longer wanted at my workplace.

I believe my employer has changed my work conditions to my detriment and has filed false statements to its insurer. I have not been back to my workplace since last year and I am on extended leave without pay.

Could I impose on you for some great advice?

Thank you for your time.

Yours Sincerely,

Jason,

New South Wales

 

Dear Jason,

Thanks for reading SmartCompany and yours truly. These are some serious allegations and, if they are correct, you need to get the compensation you deserve and make sure the regulator has an opportunity to review your employer.

This sort of problem calls for expert legal assistance so I asked Andrew Douglas, lawyer at M+K Lawyers for some advice.

He says there are four things to think about:

(1) If you have been deprived of workers compensation as a result of a decision made by an agent you can dispute that and should go to a plaintiff lawyer.

(2) You are also free to complain to the occupational health and safety regulator in New South Wales where you should produce to them a copy of the incident report that would have been prepared at the time you were injured.

(3) If no incident report was recorded at the time, it is a breach of safety law and you should speak to the regulator and bring proof of the fact (a) you were injured and (b) the safety systems used by the employer were breached.

(4) You should get hold of a copy of any medical evidence and provide it to the insurance agent, the safety regulator and the plaintiff solicitor as this will be key to determining compensation.

Be Smart,

Your Aunty B

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Aunty B

I’m SmartCompany’s resident Agony Aunt. Have a problem to solve? Just ask. @IamAuntyB #AuntyB

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