Workers Compensation and Voluntary Redundancy – Your Rights!

I’ve been asked to take voluntary redundancy, but am currently on Workers Compensation from an accident that occurred at work last year. If I take the redundancy, will it affect my rights for compensation?

In New South Wales injured workers are protected from the termination of employment under the Workers Compensation Act. Under the Act an employer who dismisses an injured worker is guilty of an offence if:

(a) The injured worker was dismissed because they were not fit for employment as a result of the injury; and

(b) The injured worker is dismissed in the six month period after they first became unfit for employment.

In addition to the protection offered by the New South Wales Workers Compensation Act, the Commonwealth Fair Work Act states that an employer must not dismiss an employee because the employee is temporarily absent from work due to illness or injury.

If you believe that the offered redundancy is being made, because your employer believes that you are not fit for employment as a result of your injury, or because you are absent from work because of your injury you need to seek legal advice as soon as possible. This includes advice on how to make an application for reinstatement of your employment.

If none of the above restrictions on termination apply, for example you are outside the six month time limit, then your employer is able to terminate your employment or make the redundancy compulsory.

You need to speak to an expert workers compensation lawyer if you are considering accepting the voluntary redundancy. This is because it may impact on your workers compensation payments. Recent changes to the New South Wales workers compensation legislation has placed restrictions on the access to workers compensation over an extended period of time and these time and additional restrictions may decrease or stop your workers compensation payments.

At Barwick Boitano Lawyers we are up-to-speed with the recent changes to workers compensation law and the impact they have on injured workers entitlements. The amendments to the workers compensation legislation are complex and can be a trap for unwary participants. By talking to one of our lawyers about your current situation you are ensuring that the decision you make about the voluntary redundancy is made with the full knowledge of whether it will impact on your workers compensation entitlements and in what way this impact may occur.

If you have been injured at work and need advice on your workers compensation claim or the impact of recent changes to workers compensation on your entitlements call Frank Boitano an Accredited Specialist at Barwick Boitano today, on (02) 9630 0444 or email on for an appointment.

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