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Have you ever experienced a workplace injury and wondered what your rights are and what your employer should be doing to help?

In this article, the experts at Melinda Griffiths Lawyers explore the rights you have as an injured worker and the obligations your employer has towards your recovery.

Understanding these rights and obligations is crucial in ensuring that you receive the necessary support and assistance during such challenging times.

Key Takeaways

• Injured workers have the right to visit their own doctor for treatment and have their Union delegate, lawyer or OHS representative present during discussions with their employer.
• Employers have a duty to plan for the worker’s return to work, obtain relevant information about their capacity for work, and provide suitable employment for a period of 52 weeks.
• Workers have the right to refuse to see the company doctor for treatment, be escorted to the doctor by their employer, or have the employer attend the visit with their doctor.
• Employers must consult directly with the worker about their return to work, monitor their progress, and cooperate with their efforts to meet return to work obligations.

Rights When Injured at Work

When injured at work, know your rights and obligations. You have the right to see your own doctor and take time off to recover. Your employer should cover medical expenses. Have a representative present during discussions with your employer. You also have the right to rehabilitation and retraining.

Rights to Refuse

You have the right to refuse actions or requests related to your work injury, including seeing the company doctor, being escorted by your employer to the doctor, and having your employer or their representative attend the doctor’s visit. It’s important to know and assert your rights if necessary. Consult with your union delegate, lawyer, or OHS representative for assistance.

Employer Duties

Employers have responsibilities for the well-being and return to work of injured employees. These include:

• Planning for the worker’s return to work.
• Obtaining relevant information about the worker’s capacity for work.
• Considering reasonable workplace support, aids, or modifications.
• Assessing and proposing options for suitable or pre-injury employment.
• Providing clear, accurate, and current details of return to work arrangements.
• Additionally, employers must:
• Monitor the worker’s progress.
• Consult directly with the worker about their return to work.
• Consult with the treating health practitioner and occupational rehabilitation provider.
• Provide suitable employment for 52 weeks.
• Nominate and appoint a Return to Work Coordinator.
• Make return to work information available to all workers.
• Cooperate with labor hire employer’s efforts to meet obligations.

These obligations start when the employer receives the worker’s WorkSafe Certificate of Capacity or claim for weekly payments. Seek support from your delegate, OHS representative, or union if problems arise.

Employer’s Obligations Continued

Employers must monitor worker progress and consult on return to work. Stay informed about recovery and limitations through check-ins, discussions, and collaboration with healthcare providers. Provide suitable employment for 52 weeks, including modifications and support. Appoint a Return to Work Coordinator.

Additional Employer Obligations

Employers’ obligations for injured workers’ return to work:

• Provide suitable employment for 52 weeks.
• Make return to work information available to all workers.
• Cooperate with the labour hire employer’s return to work efforts.
• Monitor injured workers’ progress and consult with them, treating health practitioner, and occupational rehabilitation provider.
• Provide clear, accurate, and current details of return to work arrangements.
• Contact delegate, OHS representative, or union for assistance if problems arise.

Contacting Delegate or Union for Assistance

If you need help at work, contact your delegate, OHS representative, or union for support. They can assist with workplace injuries, compensation, and other concerns. They have the knowledge and experience to navigate these issues and advocate for you. They can also help communicate with your employer and attend meetings on your behalf.

Conclusion

In conclusion, here are your rights and your employer’s obligations regarding workplace injuries:

• Seek medical treatment and take time off to recover.
• Your employer is responsible for covering reasonable expenses and providing rehabilitation services.
• You have the right to refuse certain actions.

By understanding these rights and obligations, you can ensure you receive the necessary support and assistance in case of a workplace injury.

Published by: Martin De Juan