Has one of your workers been injured outside of work and do you, as a business have an obligation to provide assistance to your worker? A non-work related injury/illness is defined as an injury or illness that did not arise out of or in the course of the workers employment.
Non-Work Injuries & Illness – An injured worker includes a person with a temporary or permanent disability, physical or otherwise. It is important for businesses to be aware that allowing an injured worker to return to work after suffering an injury, especially a non-work related one, can be risky. If a worker returns to work before they are fit to do so and consequently aggravates his or her condition, the employer may find they are liable for a workers’ compensation claim.
In Australia, it is against the law to discriminate against a worker because of an injury or illness, including a non-work related injury. Employers are also liable if staff members discriminate against each other because of injury or illness. The worker may say they are being discriminated against because they have a disability and they’re being treated differently from other workers.
Employers are required to provide support and assistance to their workers who suffer a non-work related injury/illness or medical condition. Ensuring the injured worker can return safely to work as soon as possible and to ensure that they are not treated unfavourably because of their injury or illness. Employers also have an obligation to keep an injured or ill worker’s position open according to legislation. If a worker is unable to perform their core duties, the employer is not expected to keep a position open indefinitely or make adjustments that cause unjustifiable hardship.
A recent case has found that in order to protect both parties it is not unreasonable to direct an employee returning from injury to attend a medical assessment with a doctor of the employer’s choice before commencing back at work.
Supporting an injured worker to return safely to work as quickly as possible is good for business productivity, and supports equal opportunity good practice. It assists the worker to reduce the financial and emotional impact on themselves and their family, and can be an important factor in helping them recover and return to normal life.
Following a period of absence from the workplace due to a non-work related injury or illness, an employer has a duty to assist the injured worker with returning to work through a RTW arrangement. Some planning is essential to ensure a smooth return and communication amongst all persons involved.
With any approved return to work arrangement, co-operation and consultation between management and the ill/injured employee is essential to ensure the health and safety of both the ill/injured employee and other employees at the workplace, and to ensure there is no risk of further injury or aggravation.
Any RTW arrangement, must be based on sound risk management principles and on the assessment undertaken of the worker. Before returning an injured worker to work, an employer must consider their WHS obligations to ensure the health and safety of every employee and how they may be affected by the duties of an injured worker. They also need to ensure they can provide a safe working environment for everyone that may be impacted by the duties of an injured worker, including other workers, contract staff, clients and customers. The employer must assess the impact of the injury on the work tasks and any use of plant and equipment, what they can do safely and have a right to check with a doctor whether a worker can do their job safely.
- Ensure that the worker is given appropriate and meaningful duties and assistance
- Make reasonable changes to the workplace or hours to help them return safely Consider workplace support aids or modifications to assist their return to work
- Grant the worker enough time to recover from the injury or illness and apply a reasonable return-to-work plan with appropriate timeframes
- Consider any restrictions or limitations to the role – this will help clarify any modifications or adjustments required