The laws in relation to injured workers make it clear that
employers cannot terminate the employment of an injured worker,
within certain time periods, because they are injured. Doing so may
be seen as adverse action, or discriminatory, or may be an offence
under the Fair Work act or workers compensation legislation.
So what do you need to do when an employee is injured at
work?
The basic obligations are to notify the insurer of the workplace
injury, comply with requests for information from the insurer, and
cooperate with the insurer and worker to assist the worker return
to work as the earliest date possible.
But return to work can be difficult if the employee's injury
is psychological and allegedly arose out of unreasonable workplace
conduct such as bullying and harassment. Frequently, workers who
are on workers compensation or prolonged sick leave because of a
psychological illness arising out of work, are not keen to return
to their prior employment