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ARTICLE · 18 NOVEMBER 2015

Psychological injury and return to work

If an employer forces a return to work not agreeable to the injured worker, he could risk a claim of unfair dismissal.

AustraliaEmployment and HR

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

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