Injuries at work are unfortunately commonplace, despite the fact that most people would prefer not to suffer from them. Of course, no matter how much an employer tries to cover all the scenarios, some situations are inherently risky and accidents will happen.
If you’re a victim of a work injury it’s essential that you know and understands your employee rights. It can be beneficial to talk to employment lawyers in Melbourne as soon as possible. They don’t just know about any current laws that affect your situation, they can help to ensure you get every cent that you deserve.
Reporting The Injury
The first step in the process is to ensure the injury is reported. Your employer cannot be expected to do anything if they don’t know an injury has occurred. The law gives you 48 hours to notify your employer of the injury.
Your notification should be simple. It lists the time the incident happened, the rough circumstances, and the injury sustained. You’ll also need to declare what you did after the injury, which means did you carry on working or head home, etc.
It’s very important that you write down all the events before, during, and after the injury. The sooner you do this the fresher the events will be in your mind. This helps to ensure they are accurate and will help you to prove you were not at fault. If it’s possible, depending on the nature of your injury, you should take photos of where the injury happened and the area around it.
Fault Assessment
You need to be honest about how the accident happened, it will affect your rights after the injury. If you had an accident and it was your fault, such as not falling the rules or falling off a ladder because you’re on the phone, then you’re unlikely to get compensatory payment.
But, if you were doing everything by the book and suffer an injury you’re likely to be entitled to pay and additional expenses.
The key here is to see who is at fault, you or the employer. It’s not always as clear as you would like it to be, that’s why speaking to an employment lawyer is a good idea.
Receiving Wages
The most pressing concern for most people is getting their wages, you probably need this to keep paying your bills.
If the accident was not your fault then the employer will pay you your normal wage. They may do this directly or via their insurance company. This will ensure your daily expenses can be met.
However, accidents can change the way you live and the support you need. This can cost you additional money.
The funding for this needs to be claimed in court. Your employer and their insurance company will negotiate with your employment lawyers to decide a reasonable figure. This amount is intended to help you cover the cost of lifestyle changes as a result of the injuries.
Right To Medical Care
After an accident at work, you have the right to seek medical care. This doesn’t just mean when the accident has happened, it means on an ongoing basis to help you make a full recovery.
Right To Your Job
Your job must also be kept open for you. When your doctor says you are fit to return to work the employer must provide you with the same job you were doing, or a better one.
The exception to this is when your injury will prevent you from returning to your old job. The employer should offer you a different role wherever possible. If they are unable to cater for you then you’ll be entitled to additional compensation to aid your work search.
Again, it’s essential to speak to the employment lawyers to ensure your rights are being properly represented. The employer may not have considered other options, your representatives can make sure all possibilities have been considered and discrimination is not occurring.
Returning To Work
Your employer has an obligation to keep your job open or offer something of equivalent value if your ability to do your old job has changed. It’s important to give our employer as much notice as possible regarding your return date.
In turn, your employer should make sure that any assistance you need, especially while recovering, is available. This will help you get back to work faster which is good for you, your recovery, and your employer.
You should note that an employer must keep your job open and maintain your rights even if the injury happened outside of work. You are entitled to sick pay and the employer must ensure your job is available when you’re ready to return. Of course, the employer won’t be paying you any compensation for an injury outside the workplace.