An injured worker creates a potential legal minefield for your business which needs to be managed to create the best outcome for both the worker and your workplace.
If an employee in your business suffers an injury, work-related or not, a WorkCover claim may be made either immediately or in the future. Even an initially minor injury has the potential to turn into a long-term injury.
Long term injured workers can present a challenge to your business, including managing rehabilitation plans and the impact on co-workers. Further, facing the difficult decision to terminate employment can raise many legal risks.
When termination of employment is the next step for an injured or unfit worker it is important that, as an employer, you are aware of the potential legal and commercial risks and how these can be mitigated. Depending on the stage of the injury, you may require practical guidance and legal advice on:
- Inherent requirements of the role and capacity for work;
- Rehabilitation obligations; including making reasonable adjustments and providing modified duties;
- Legal risks to consider when terminating an unfit or injured worker, including a discrimination claim; and
- Management of the termination process.
We work with you and injury management specialists to assess and appropriately advise you on your obligations to injured workers to achieve the best outcome for both your business and the employee. Our extensive experience ensures we guide you through a respectful process for both parties with minimal legal risk. Join our mailing list for more information or contact us to seek advice on your obligations and options regarding an injured worker in your business, or for a referral to a WorkCover specialist or Injury Management specialist.