Tag Archives: suitable employment

suitable-duties-workcover

Injured workers duties unsuitable: case

In the following 2015 NSW legal case, a workcover insurer (and its client, the employer) tried very hard ( but failed) to appeal a decision which required to compensate an injured worker who resigned from his job. The NSW Court of Appeal found that the injured worker’s duties as prescribed by the worker’s injury management plan were not suitable.

Continue Reading…

return-to-work-cartoon

Return to work plans & Dispute resolution

We have blogged about return to work plans numerous times, but a general summary may be of use. The essence of this post is that return to work plans that are staged and developed together with the injured worker give injured workers a greater chance to return to work, quickly and safely and in a durable manner. This article also covers the VIC return to work dispute process (dedicated to ‘Porsche47’).

Continue Reading…

legal-case-0

Injured workers restricted duties must be adhered to by employer

When an injured worker returns to work on “restricted duties” it is absolutely necessary that the restrictions are adhered to. If they are not, it can have an impact on not only the amount of damages that an injured worker (may) receive(s), but also the percentage that the injured worker’s employer is held liable in a multiparty claim. In this legal case, the injured worker’s employer copped a $1.3 million damages bill because of the injured worker’s post injury exacerbation.

Continue Reading…

return-to-work-plan

Return to work plan – obtaining the injured worker’s input is vital

Return to work plans with set stages, developed together with the injured worker’s input and their treating doctor offer employers and injured workers the best chance of a timely and sustainable return to work.

Continue Reading…

return-to-work-but-not-ready medical-assessment-injured-workers

Employer right to direct injured worker to undergo medical assessment

The following Fair Work Commission legal decision has ruled that employers are allowed to seek further clarification where medical clearances provided by (injured) workers are general in nature, or where there are genuine concerns that there is a risk to health and safety if the (injured) worker returns to work. In other words, employers can send you to attend a medical assessment, even with a company doctor!

Continue Reading…

RTW-plan-must-be-in-consultation-with-injured-worker-and-doctor reality-check-suitable-work

Possibility of realistic suitable employment was, at best, theoretical – Vic Court

Further to our article “Alternative jobs for injured workers unrealistic” and the practice of “dodgy” rehabbers proposing bizarre “suitable/alternative work” to injured workers, here is another legal case have where a court has found the proposed alternative occupation for an injured worker to be unrealistic.

Continue Reading…

rehab-vocational-injured-workers

Alternative jobs for injured workers unrealistic – weekly pay restored

Further to some recent comments about the widespread practice of “dodgy” rehabbers proposing bizarre “suitable/alternative work” to injured workers, courts have found that some (many!) proposed alternative occupations for injured workers are simply unrealistic.

Continue Reading…

injured-worker-inherent-requirements-job

IMEs are not writing reports outlining job restrictions & reasonable adjustments requirements

Doctors’ reports—particularly IME reports— on injured workers are all too often painfully lacking any understanding of the injured worker’s workplace or the inherent requirements of injured workers’ job/position. This often results in the assessment of a “fit-for-work” injured worker, without, for example, any consideration(s) to restrictions or reasonable adjustments that should be made in the workplace.

Continue Reading…