If you are receiving weekly payments from WorkCover as part of a Workers Compensation claim, the law protects you from being dismissed from your job. Not only can your employment not be terminated, but your employer is also legally required to offer you suitable duties that align with the nature of your injuries.
However, this obligation extends only for the first 52 weeks of your claim. After this period, your employer is no longer required to provide you with suitable work and may consider terminating your employment. To do so, it must be demonstrated that your incapacity for work is expected to persist for at least the next three months. Termination after this period requires proof that you cannot perform your pre-injury role.
Typically, your employer will request a medical report from your treating healthcare providers to assess your ability to work and determine if you can return to your pre-injury duties.
If your WorkCover claim is denied, your employer still cannot terminate your employment solely because you lodged the claim.
Losing your job does not affect your Workers Compensation claim. Your entitlement to benefits under WorkCover, including weekly payments and medical expenses, remains intact as long as you have medical evidence supporting your injury and ongoing incapacity.
If you believe you have been unjustly or wrongfully terminated, you have several legal options. One common route is to file an unfair dismissal claim with the Fair Work Commission. It's important to act quickly, as you have only 21 days from the date of termination to lodge a claim.
For your claim to succeed, you must demonstrate that your employer had no valid reason for your dismissal. Additionally, you may argue that your employer failed to provide a fair opportunity for you to respond to any allegations before terminating your employment.
By understanding your rights and the legal protections in place, you can better navigate the complexities of employment termination during a WorkCover claim. if your employment is terminated we recommend you contacting our office urgent for advice.
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