WorkSafe says there’s no excuse for shortcuts in tough times

A strong message from WorkSafe Victoria has been issued after it was discovered that some business operators had illegally terminated the employment of injured workers. In the message, Worksafe reiterated that all employers have a legal obligation to provide injured workers with suitable employment within the first 12 months following acceptance of a claim.

As a result, from December, WorkSafe inspectors will be targeting employers to ensure they are meeting their return-to-work obligations for injured workers.

WorkSafe’s Len Boehm said the management of return-to-work obligations was often juggled among a range of business needs: “Helping injured workers return to work in a safe and sustainable way can be a complex process.

“However, an employer cannot ignore their responsibilities. Whether you are downsizing or changing the structure of your workplace, your legal obligations remain the same.

“Inspectors’ primary role is to help business operators and provide guidance on what they need to do to comply. But where employers are not addressing return-to-work issues and meeting their obligations, they will suffer the consequences, including the potential for prosecution.”

WorkSafe prosecuted concrete panel supplier The Precast Company in November. As the injured worker involved had an accepted workers compensation claim, The Precast Company, in dismissing the injured worker, had failed to provide suitable employment despite the worker being certified as fit for alternative duties.

WorkSafe also prosecuted supermarket giant Woolworths earlier this year for failing to provide an injured worker with suitable employment despite the worker being certified as fit for alternative duties.

WorkSafe is also reminding injured workers that they have obligations and their entitlements may be affected should they not make every effort to return to work in suitable employment.

You can help your worker back to work by:

• Talking with them to establish an appropriate and goal-oriented return-to-work plan;
• Informing the worker and their treating healthcare practitioner of possible duties available once they have a capacity to perform some work;
• Including an offer of suitable employment in the return-to-work plan where the worker’s medical certificate specifies a capacity to perform some work; and
• Asking your WorkSafe Agent if you are eligible for Small Business - Return to Work Essentials, which provides advice and hands-on support and helps you complete the paperwork and plan for your worker’s return to work.