Managing Ill and Injured Employees

Managing Ill and Injured Employees, virtual education session recap

Presented by Natalie Todd, Principal Workforce Advisor, Peak Services Legal

Download the slides here

Request to obtain medical information

• Personal Leave – medical detail to cover nature and duration;​

• When should you request additional information (work and non work related):​

• Awareness of an injury or illness / surgery or medication;​

• Ongoing requirements for adjustments/modifications to duties;​

• Ongoing absence from duty due to illness or injury;​

• Often employer is unable to rely on medical information provided by LGW/WorkCover.​

• Refusal by employee to provide information?​

• Work health and safety obligations;​

• Failure to follow a reasonable direction;​

• Direction to attend an IME.​

Direction to attend IME

• Consider obtaining report from treating Dr/specialist in first instance:​

• Concerns of bias;​

• Dr/Specialist refusal to provide Report – public health system;​

• Refusal by Employee;​

• IME may be requested later if medical information not sufficient or employer continues to hold WHS concerns;​

• Ensure IME has access to relevant detail required:​

• Previous Reports provided by employee or other;​

• Access to relevant medical history of employee – obtain authority;​

• Employment documentation, PD, SWMS, history of adjustments etc;​

• Ask the right questions and choose experienced/relevant IME.​

Medical Termination

• Consideration of all Medical Opinion:​

• Can reasonable adjustments be made?​

• Timeframe of restrictions or incapacity?​

• Can an alternative position be identified?​

• Is additional information required?​

• Legal considerations:​

• General Protections – Section IR Regulations 2011, Temporary Absence – Section 10A;​

• Workers Compensation and Rehabilitation Act 2014 – Section 232B;​

• Show cause medical termination;​

• Decision to terminate – harsh, unjust or unreasonable?​

Watch the online replay here

For more information, or to discuss your workplace situation with our legal team, please contact Natalie Todd directly at ntodd@wearepeak.com.au or phone 07 3000 2148