Pursuant to specific provisions in the Workers' Compensation & Rehabilitation Act 2003, an employer cannot put an injured worker off because of his injury, whilst he is on workers' compensation benefits, for a period of 12 months.
You can claim for the loss resulting from being laid off due to your accident injury
If, after this time, or when you come off workers' compensation, you are unable to return to your normal work duties due to your injury then an employer can terminate your employment on the grounds that you can no longer perform the work you were hired to perform. But in such case, you will be able to claim for the loss of income you sustain in being put off from your work due to your injuries, as well as any loss sustained in trying to locate new and alternate employment or in not being able to do so, because of your accident injuries. So in other words, the more your injuries interfere with your employment, the larger your personal injury claim will be.
Many injured workers are fearful of bringing personal injury claims when they suffer an injury in an accident or at work because they think the claim will be a mark against them in their employment or any future employment they apply for. But frankly, this is a very dangerous position to take.
If you suffer injuries that affect your capacity to undertake your work, then you are likely to suffer a loss of earning capacity and employability as a result. You are also likely to find your injuries will deteriorate further over time, impacting more and more on your work capacity and the type of work duties you can perform, further limiting your employability. And at the same time, those superior, more advanced and better paying roles you were hoping to achieve as you gained more experience in your occupation, slip out of sight as you become less and less able to fulfill your work duties or to do so efficiently. Finally, you just cannot do your work duties any longer despite struggling through as best you can, or your employer sees you as a liability and lays you off. You are out of work years earlier than you had ever anticipated, marked as an injured worker, without any income and with limited prospects of finding alternate work more suited to your injuries. Perhaps your injuries have simply rendered you unemployable by this time. In the meantime, the loss of income you sustain because of your injuries has become greater and greater over time and you have lost any opportunity to obtain compensation because your limitation date for bringing your claim has passed by long ago.
You are at serious risk of losing significant much needed compensation if you do not bring a claim
Unfortunately, the above scenario is not a Grimm's fairy tale, it is something we see at The Personal Injury Lawyers all too often. People who have suffered accident injuries, but have decided not to pursue a claim because they think their foremost concern is to try to maintain their employment at all costs - and later on, when they are out of work and cannot find alternate work because of their injuries or just cannot work due to same, they contact us looking to bring a claim and we have to tell them the devastating news that they have no entitlement to bring a claim for their lost income and earning capacity, because they are too late - they are outside the time limits for bringing their claim. Tragically, often these enquiries come from the main breadwinners in families, who have lost the means of supporting their young or growing family and who end up having to rely on Centrelink payments to get by.
We at The Personal Injury Lawyers cannot impress upon anyone injured in an accident, whether at work, or in a car or road accident or otherwise, enough - YOU NEED TO PROTECT YOURSELF AND YOUR FAMILY AND BRING A CLAIM as if you do not take this step, YOU ARE AT RISK of not just missing out on a significant compensation payment, which you are likely to need in the future, but you are also at risk of sustaining significant loss of income in the future with no recourse to recover such loss.
If you do take the prudent step and bring a claim for your accident injuries, then you will receive compensation for not just past loss of income from your injuries but you will also receive an award of damages to cover potential future loss of income due to your injuries and how your injuries may impact upon your employment in the future, including loss of opportunity to advance and earn increased income in the future, as well as the potential for your injuries to worsen and interfere more with your capacity for work over time. This will give you something to fall back on in the future should you need to cut back on your work hours or stop work altogether because of your accident injuries.
Time limits apply to bringing claims for personal injury compensation & damages
Frankly, we cannot tell you how important we feel this message is for all injury victims. If you suffer an injury and you think it may have been caused or contributed to by the fault of another, then contact us as soon as possible to find out if you do have a claim to pursue and so we can pursue it for you on your behalf to make sure you receive the compensation you will need to protect you and yours in the future. You can contact us on 1300 782 202 or via one of our FREE claim assessment forms on our website. You can also Livechat with us via our FREE Livechat service on our website. Remember strict time limits do apply.