Workers compensation and the requirements of you the employer
An employer cannot dismiss an employee because of an injury or disability arising from work. Your worker has an obligation to notify you of the injury as soon as it happens, and you as the employer are required to notify your insurer within 48 hours of the injury occurring.
Normally, an insurer has 21 calendar days to determine liability, from the date notice of the claim has been received. The legislation provides that the insurer can make provisional payments in the initial stage, without admission of liability. Normally, the insurer must commence payment for provisional weekly payment within seven days of the claim being made unless it has a reasonable excuse not to do so. If reasonable excuse notice is given, the insurer has no obligation to make any form of payment until liability has been determined by the insurer.
If the employer and employee both agree, the employer can make payments to the employee from the employees’ accrued annual and sick leave entitlements. However, the employer will have to re credit the employee’s annual and sick leave entitlements in order to avoid the worker receiving double payment.
It can still take quite some time to finalise
On average, a compensation claim generally takes up to 7-8 months before it is finalised. It should also be noted, that there is a requirement that workers make a claim for compensation within 6 months of the date of their injury or becoming aware of the effects of the injury.
Here at JFMLAW we can assist and provide you with advice on workers compensation and how to manage employees’ suffering from an injury of disability arising from work. Get in touch with us on (02) 9331 0266 or by filling in a contact form to have a conversation about how we can help you to respond to an investigation.
John Morrissey has been a practising Sydney solicitor for 30 years, and for the past 20 a sole practitioner and the principal at JFMLAW.
His main focus employment law, advising small to medium-sized firms and their employees of their rights and obligations.
For many years he was a lecturer at UTS to students obtaining Masters in Human Resources Management with a focus on performance management and creating a culture of delivery in workplaces. John has acted for a significant number of employers, not only in developing a performance based culture in the workplace but also solving particular problems that arise relating to unfair dismissal, contract disputes, improper use of intellectual property or other property as well as enforcements of restraints of trade.
John is very happy to speak to any employer who has an issue on a free of charge basis by a phone call. Please feel free to ring John at anytime up to 6pm most days.
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