If a worker is injured outside of work, do employers have obligations? A non-work-related injury/illness does not arise from employment.
Non-Work Injuries & Illness – An injured worker includes a person with a temporary or permanent disability, physical or otherwise. Allowing an injured worker, especially with a non-work-related injury, to return too soon can be risky. If their condition worsens, employers may be liable for a workers’ compensation claim.
In Australia, it is unlawful to discriminate against workers due to injury or illness, including non-work-related cases. Employers are liable if staff discriminate, and workers may claim disability discrimination when treated differently.
recent case found it reasonable to require injured employees to undergo an employer?chosen medical assessment before returning to work.
Supporting injured workers to return safely and quickly boosts productivity, promotes equal opportunity, reduces personal impacts, and aids recovery.
After absence from a non?work injury or illness, employers must assist with a planned RTW arrangement to ensure smooth communication and transition.
In any approved return?to?work arrangement, cooperation between management and the injured employee is essential to protect health, safety, and prevent further injury.
Any RTW arrangement must be based on sound risk management principles and on the assessment undertaken of the worker.
- 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
Contact us to know more.