Share on LinkedInShare on LinkedIn

ARTICLE · 02 NOVEMBER 2022

Can I be terminated while on workers compensation in NSW?

After the first six months, an employer can terminate an injured employee but only after they have met certain obligations.

AustraliaEmployment and HR

Unfortunately, it is not uncommon for injured workers to be terminated whilst on worker's compensation in NSW. It is illegal for an employer to terminate an employee within the first six months of a workplace injury purely because that employee is unfit to resume work at that time.

After the first six months, an employer can terminate an injured employee but only after they have met all their obligations to their employee. Even if an employee is terminated, they may still be eligible for worker's compensation benefits like weekly payments and medical expenses. There are also avenues to explore for seeking reinstatement - if that is what you are looking for.

Employer obligations prior to terminating an employee who is on worker's compensation

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from