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All people in the workplace, employers and employees alike, have particular rights regarding workplace injuries. Workplace safety must be a priority for every organization and for a workplace to be healthy and safe, owners and managers must provide an appropriate environment for work. Similarly, employees should be cautious and committed to maintaining their own health and safety, and that of all others.
Who Can Help?
If you are affected by a workplace injury, it’s important to obtain credible legal advice from experienced professionals. Some firms, such as Sinnamon Lawyers , specialize in providing advice to those who have sustained workplace injuries and can enlighten you to your rights and the courses of action available.
What are the Rights and Responsibilities as an Employer?
In relation to workplace injuries, employers must ensure that:
- An appropriate occupational health and safety policy that offers protection to all workers is in place;
- All incidents and/or injuries are reported;
- Their responsibilities as an employer are completely fulfilled in the event that a worker is injured;
- A return to work program for injured staff is created through a consultative process; and
- Information and education is provided to inform everyone in the workplace of what to do in the event of an injury.
What are the Rights and Responsibilities of Employees?
When an employee is injured at work, they must:
- Ensure that their employer is notified as soon as possible;
- Document details of the accident, including their name, the date of the accident, and specific details about the injury and how it was sustained;
- Consult a physician and obtain a certificate from the doctor of their capacity to work;
- Sign the certificate provided by their doctor to record that the doctor is their nominated treating doctor;
- Add their signature to the worker declaration;
- Provide the signed and completed certificate of capacity and signed worker declaration to their employer, with invoices and receipts for treatment attached;
- Be involved in the development and administration of an injury management plan;
- Fulfill requests (such as requests to obtain a certificate of capacity or claim form completion) made by the insurer or agent; and
- Keep a copy of all documentation relevant to their injury. They should also make note of the notification or claim number and provide this on all documents sent to the employer and insurer or agent.
In the event that an employee is unable to perform their usual job, they should consult with their doctor about suitable work and ways of being supported to return to their usual job. It is an expectation that workers will endeavor to return to work as soon as possible and as soon as they are able.
As an employer or employee, it is important to know your rights regarding workplace injuries. These rights and responsibilities exist for the protection of all, and in order to deal with workplace injuries as quickly and effectively as possible, a thorough knowledge of your rights and a commitment to fulfilling your responsibilities is hugely beneficial. It is also beneficial to secure support from experienced legal professionals when appropriate.
Note: The information in this article is relevant to Australian rights and may differ from other countries.
Susan Gunelius
Susan Gunelius is the Founder and Editor-in-Chief of Women on Business. She is a 30-year veteran of the marketing field and has authored a dozen books about marketing, branding, and social media, including the highly popular Ultimate Guide to Email Marketing, 30-Minute Social Media Marketing, Content Marketing for Dummies, Blogging All-in-One for Dummies and Kick-ass Copywriting in 10 Easy Steps. Susan’s marketing-related content can be found on Entrepreneur.com, Forbes.com, MSNBC.com, BusinessWeek.com, and more. Susan is President & CEO of KeySplash Creative, Inc., a marketing communications company. She has worked in corporate marketing roles and through client relationships with AT&T, HSBC, Citibank, Intuit, The New York Times, Cox Communications, and many more large and small companies around the world. Susan also speaks about marketing, branding and social media at events around the world and is frequently interviewed by television, online, radio, and print media organizations about these topics. She holds an MBA in Management and Strategy and a Bachelor of Science degree in Marketing and is a Certified Professional Career Coach (CPCC).
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