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.
FAQ: Workers Compensation, Voluntary Redundancy, and Your Rights
If I take voluntary redundancy while on Workers Compensation, will it affect my compensation rights?
In New South Wales, the Workers Compensation Act protects injured workers from termination of employment. An employer who dismisses an injured worker due to being unfit for employment as a result of the injury, within six months of becoming unfit, is guilty of an offence. Additionally, the Commonwealth Fair Work Act prohibits the dismissal of an employee due to temporary absence from work because of illness or injury.
What should I do if I believe the redundancy is offered due to my injury or absence from work?
If you suspect that the redundancy is linked to your injury or absence, it’s crucial to seek legal advice promptly. This includes guidance on applying for reinstatement of your employment.
Can my employer terminate my employment or make the redundancy compulsory if none of the restrictions on termination apply?
If none of the specified restrictions on termination apply, such as being outside the six-month limit, your employer can proceed with termination or compulsory redundancy.
How can accepting voluntary redundancy impact my workers compensation payments?
Accepting voluntary redundancy may impact your workers compensation payments, especially due to recent changes in the New South Wales workers compensation legislation. It’s advisable to consult an expert workers compensation lawyer to understand the potential impact on your entitlements.
How can Barwick Boitano Lawyers help with my situation?
Barwick Boitano Lawyers are well-versed in the recent changes to workers compensation law and their impact on injured workers’ entitlements. By seeking their legal guidance, you can make an informed decision about voluntary redundancy and its potential impact on your workers compensation entitlements.
How can I get advice on my workers compensation claim or the impact of recent changes to workers compensation?
For advice on your workers compensation claim or the impact of recent changes, you can contact Frank Boitano, an Accredited Specialist at Barwick Boitano, by calling (02) 9630 0444 or emailing fjb@bblawyers.com for an appointment.
What are the parking and transport options for visiting Barwick Boitano Lawyers?
Barwick Boitano Lawyers offer easy parking directly opposite the practice and are convenient to local transport, ensuring accessibility for their clients.
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 fjb@bblawyers.com for an appointment.
Easy parking directly opposite the practice and convenient to local transport!