LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Employment Law - Can Employer Force Me to Discuss My Injury?

Discussion in 'Personal Injury Law Forum' started by Jack1965, 8 July 2016.

  1. Jack1965

    Jack1965 Member

    Joined:
    8 July 2016
    Messages:
    4
    Likes Received:
    0
    Can my employer force me to discuss my injury with an outside party under employment law?
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,171
    Likes Received:
    257
    In some limited cases, yes. Employers owe you and other employees a duty of care and must not put you in a situation where they may make your injury worse or cause a safety issue for other employees. They are allowed to have their own medical people assess your injury.
     
  3. Jack1965

    Jack1965 Member

    Joined:
    8 July 2016
    Messages:
    4
    Likes Received:
    0
    Thanks for your reply Rod,

    The other party is the manufacturer of a machine that I received a repetitive strain injury from. Should I talk to them while my claim is still in progress?
     
  4. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,171
    Likes Received:
    257
    This is an awkward one.

    Your employer may want the machine manufacturer to know of a problem with their machine and how injuries can occur so they can fix the problem. Assuming you are following the training you have been given then there is no reason not to co-operate although I don't think you need to go into a lot of detail about your injuries, it should more be about 'how' the injury happened (ie incident report), not about you as an individual.

    However I do not know the extent of your injuries or the progress of any workcover claims so I am hesitant to say definitively one way or the other.
     
  5. Jack1965

    Jack1965 Member

    Joined:
    8 July 2016
    Messages:
    4
    Likes Received:
    0
    My supervisor doesn't believe my injury is related to use of this machine. Medical people, the insurers investigator,and co workers all support my claim.
     
  6. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,716
    Likes Received:
    402
    You can be required to meet with (be examined by) their (their insurer's) medical people, yes.
    But no, you are not required to meet or talk with the maker of the machine.
     
  7. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,171
    Likes Received:
    257
    Think Tim's context is in relation to your injury.

    It is not unreasonable for your employer to ask you to talk with the manufacturer about the operation of the machine.
     
  8. Tim W

    Tim W Lawyer

    Joined:
    28 April 2014
    Messages:
    1,716
    Likes Received:
    402
    Except where doing so could provide evidence that is not favourable to your injury claim.
    You are not required to provide the defence with material to potentially use against you.
     
  9. Jack1965

    Jack1965 Member

    Joined:
    8 July 2016
    Messages:
    4
    Likes Received:
    0
    Thank you for your replies.
     

Share This Page

Loading...