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Employers dealing with sick or injured employees need to navigate a complex web of employment laws, OH&S requirements, discrimination laws and Workers Compensation processes.
Things change. An employee you hired two years ago may develop a medical condition that impacts on their ability to do their job or attend work.
An employee might be injured at work and make a Workers Compensation claim and then be incapacitated for a long time.
There are very strict obligations imposed on employers who are faced with these situations and if you get it wrong, you may face legal action and be ordered to pay considerable damages to the employee.
Dealing with Problem Absenteeism
Absenteeism is an increasing problem for employers and current labour shortages are making the situation even worse.
This is a really tricky issue for employers because there is a whole raft of laws that need to be taken into account before you deal with an employee’s absenteeism.
What you should do will depend on many things including the reasons why the employee has been absent, how much work they have missed, whether the employee has been absent because of illness or injury and, if so, whether that is work related or not.
We know how to weigh up all of those things and can give you clear options for addressing the problem.
Stress Claims
Stress claims are on the rise and might be in the form of an employee lodging a WorkCover claim that alleges they have suffered a psychological injury from their work or an employee taking sick leave due to mental health issues that are unrelated to work.
How an employer first responds when faced with these issues is very important and can mean the difference between a well managed, conflict-free way forward and full blown legal action. Speak to us as early as possible so we can minimise your risks, reduce disruption to your business and maximise the chances that issues are resolved smoothly.
It is very easy for an employer who is dealing with a sick or injured employee to accidentally breach one of the laws that apply in these cases. Unlimited damages can be awarded in cases like this. Don’t risk it. Contact us so that we can talk about how to solve the problem and protect your interests.
Workers Compensation claims
Many employers make the mistake of not challenging a Workers Compensation claim, particularly when it comes to a claim that is based on a psychological injury.
These claims are not covered by the Workers Compensation legislation if the injury arises out of reasonable management action, taken in a reasonable way.
That does not mean that an employee can’t lodge a claim like that. What is does mean, though, is that it is up to the employer to provide the insurer with evidence that shows that it took reasonable management action in a reasonable way.
Contact us as soon as you receive a Workers Compensation claim so that we can make sure that the insurer has been told the full story.
Managing extended incapacity
If you have an employee who has made a Workers Compensation claim and has been incapacitated for an extended period of time, we can help you manage the employee, their capacity and potential return to work. We can also talk to you about your options if you are considering dismissing the employee and will make sure that you don’t breach any of the multiple laws that apply in these situations.
We are experienced in assisting employers to liaise with doctors and rehabilitation providers to get the information that is needed about the employee's capacity, while ensuring that you don’t inadvertently breach the discrimination laws.
That is a fine balancing act which requires expert knowledge of those discrimination laws. Don’t rely on the insurer to get this right for you. They have different obligations and it is not their job to protect your interests. That’s our job.
Contact us so that we can talk about how to deal with a sick or injured employee and how to protect your interests.
We help employers solve and prevent people issues. We are problem solvers.
Call our Principal, Susannah McAuliffe
Phone: 1300 764 792
Email: info@latitudelaw.com.au