Employment while under Workers’ Compensation

Last updated on November 26th, 2020 at 09:27 am

Many employees avoid filing workers’ compensation in QLD due to the fear that they will lose their jobs in doing so. As a result, employees often use their health insurance instead to get checked by their doctor.

If you have been involved in an accident in your workplace, having such worries is understandable. However, there may be instances where you will have no other option than to file a workers’ comp claim.

Generally, your employer cannot fire or terminate you merely because of your claim. However, there are various factors you must take into consideration when it comes to your employment.

To help understand how you can protect your rights in these circumstances, you can take note of these important factors:

1. Your Employer is Required to Keep You On Until You Recover

Your employer cannot terminate your employment while you are still recovering. They are required to keep you on until you fully recover or rehabilitated from your workplace-related injury, or reach your maximum medical improvement (MMI).

MMI refers to the point where your condition has stabilized and cannot be improved any further by other treatment.

2. Your Permanent Work Restrictions Impact Your Employment

After you have recovered or reached MMI, you must consult with your doctor if you have any permanent work restrictions. In cases of full recovery, you’re highly unlikely to have any restrictions.

However, should you have limitations due to the injury or disease, the next step is to discuss them with your employer. They must make reasonable efforts to accommodate these restrictions and support you so that you can perform your job again.

3. Termination is Possible If You Can’t Return to Your Job

Unfortunately, if your employer cannot accommodate your new work restrictions after making reasonable efforts, they are allowed to terminate your employment.

For example, if you are a logger and you cannot lift more than ten pounds anymore, it’s highly likely that you cannot return to your previous job. Your employer can discontinue your employment legally; however, this makes you eligible for additional workers’ compensation benefits.

4. Your Employer Cannot Terminate You As Retaliation for Filing a Claim

In normal circumstances, your employer can terminate you for various reasons. It could be based on poor work performance, an ongoing company restructuring, or layoffs due to financial issues.

Your action of filing for a workers’ comp claim may have also given them more reasons to let you go. However, keep in mind that most employers will not explicitly inform you that your claim is the reason you are being terminated. This can be grounds for a lawsuit for discrimination or retaliatory termination.

On that note, if you do suspect that your termination is due to your workers’ compensation claim, you must gather evidence to prove this.

5. You Must Keep A Documentation Your Evidence

If you fear that your employer might fire you soon or have already been notified of your unjust termination, you must keep a record of all files related to your injury and your employment. Gather as many materials as you can that prove employment discrimination.

Most importantly, you must consider talking to an attorney as soon as possible. Lawyers specialising in workplace injury in QLD will be able to help you get the compensation you are entitled to.

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Suffering from a workplace-related injury or disease can be disheartening. Losing your source of livelihood on these grounds can be even more heartbreaking.

The good news is that there is a way for you to get the compensation you deserve. Keep in mind the five considerations mentioned above and get in touch with expert lawyers as soon as possible to protect your rights.

If you believe you are concerned about your right at work whilst under Workers’ Compensation, get in touch with Seymour Furlong lawyers today.

We have your best interests in mind and work hard to get what you’re entitled to.