QLD Husband Not Allowed Back to Work - What to Do?

[Ergery]

Hubby was working in the backyard while on break from work. His knee popped and he dropped. H came inside and spent his next couple of days off icing and resting it. It was fine - we live in a 2-story house, so up and downstairs) and he returned to work as usual. (He works away).

When he arrived, he told his supervisor what he had done. The next morning - the first day back to work, he worked for 3/4 of the day and when hopping out of a positrack and put his foot down. His knee popped again and he collapsed on the ground. His supervisor told him he needed to go home.

He took holiday days to cover him for the period of time that he wouldn't be at work as well as any sick days he had available. He was then on Christmas holidays which had been prearranged.

Early January, due to go back to work - he got a doctor's clearance which stated he was good for all the jobs he usually does, but to avoid heavy lifting, and squatting. Work has refused to let him go back to work but not officially, just over the phone saying they are discussing it and will let us know.

They are not paying him and have now started avoiding his calls. Their workcover liaison has said that they are concerned that he will come back and re-injure himself, but finally last week she told me that the head supervisor had said no too big a risk. We still have no official notification.

What do we do? Is this workcover? Is this industrial relations or is it too bad, so sad?

 

[Rod]

Possibly workcover with some employment law thrown in.

Was the injury at work reported? If not, it needs to be.

Go see HR. Lodge workcover claim.

State medical certificate says can return to light duties. Not sure if his normal duties are classed as light.

Work needs to cover his absence on workcover. You may need to see a lawyer.

 

[Ergery]

Rod hi

Yes I have an email confirming the details of the work portion of the injury from the workcover liason person. Apparently no official incident report was lodged at the time.

 

[Rod]

Make everything official.

Start documenting what happens and when. FYI I modified my top post and you might have missed the changes.

 

[Ergery]

Thanks Rod, we have been doing that, I have a timeline for all events with documentation of those things. He will call WorkCover tomorrow to lodge a claim and we will make an appointment to see a lawyer as well. It's really disappointing as he's offered to see a dr of their choice to confirm the clearance but they have ignored this as well.

All he wants to do is to go back to work. I feel they are making it difficult because he is one of the few remaining full time employees - all the rest are contract and they will be looking for a way to alter his contract. He works 3 weeks on and 1 off so full time is a rarity in the mining and civil construction areas these days and we don't want to lose the benefits of this.

 

[Rod]

You are probably right. Loyalty was dead and buried by many employers last century.

 

[Ergery]

So an update and hopefully some input if anyone has some... Spoken to industrial relations. They feel he should be getting paid. Workcover claim is lodged but acceptance is still iffy. Legal advise wasn't really helpful unfortunately as it conflicted with both i/r and workcover conversations.

Hubby has gone to works doctor and has done what was supposed to be a "fit for work on suitable duties" test. It turned out to be more invasive and intensive than his two previous employment tests. He passed with flying colours - no instability noted... however dr has tempered this by saying that work is concerned and he will refer him to a physio and he needs some form of brace and to redo the test?

How is this even ok? If he had been a new employee doing a regular pre employment fitness assessment he would be on the job site right now. So frustrated right now, it all appears to be going in circles.

 

[Rod]

Thanks for the update. I understand the process can and will be frustrating but you just have to work through it one step at a time. Following medical advice is the best way of ensuring your claim is not thrown out by workcover.

I'm unclear if the questions in your post were rhetorical or if you have some specific concern you want help with.

Is he receiving his pay yet? If not, get back onto I/R.

 

[Ergery]

Hey Rod,

No he still isn't receiving any pay and yes the questions were possibly rhetorical with a hint of hopefully someone would have some experience in this type of thing.

Work contacted him today and they have stated he needs to sort his own physio and brace $1k and then they might let him come back. (Still no guarantees). Given he hasn't been paid we don't have that kind of money to throw around.

When he pointed that out to the workplace lady her response was - well maybe you should find another job. I'm am beyond angry right now as he is. First the safety guy tells him that he cannot really look for another job until he has had the surgery and now the workplace rehab woman is telling him he should find another job.

Thank you for your input

 

[Rod]

Workcover/employment lawyer may be what you need. You can also organise your own medical reports.

BTW, if the injury is accepted by workcover, they should be paying all medical expenses including rehabilitation equipment. However if the medical report says no brace is needed and won't pay for it, then work cannot force him to do more than what the medical experts say.

I get the feeling the employer is trying to make things hard. I'd starting to hint at contraventions of the Fair Work Act, suggesting they are breaking the law, penalties could be involved, may need to see lawyer, could lose house and have a heap of costs, all I want to do is go back to the work I enjoy doing etc etc.