Managing Ill and Injured Employees
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Managing Ill and Injured Employees, virtual education session recap
Presented by Natalie Todd, Principal Workforce Advisor, Peak Services Legal
Request to obtain medical information
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;
Employer is unable to rely on medical information provided by LGW/WorkCover – Section 572A.
Personal Leave – Section 41(b) of the Industrial Relations Act 2016.
Refusal by employee to provide information?:
- Work health and safety obligations;
- Code of conduct reference or other Industrial Instrument;
- Request is a reasonable and lawful direction
- Where authority is not obtained to speak to treating doctor?
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 2003 – Section 232B;
- Show cause medical termination;
- Decision to terminate – harsh, unjust or unreasonable?
Case Law
- Ambulance Victoria v V [2012] FWAFB 1616;
- J Boag & Son Brewing Pty Ltd v Button [2010] FWAFB 4022.