NSW Returning to same employer after lump sum claim

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Merc

Member
16 July 2018
4
0
1
I was employed with a company for 16 years until I had a work place accident in 2010 and underwent major surgery.

In 2011 whilst still recovering I had to resign so that I could care for my terminally ill mother. In 2012 after many appointments with specialist organised by the insurer and my lawyer I was assessed as having a 16% permanent impairment.

The insurer and employer accepted negligence of duty of care and through mediation in 2013 I accepted a lump sum payment.

I sill had a good relationship with the Employers management but over the years most of those contacts have now left.

The company is now advertising for a position that I would be very interested in applying for but I am hesitant due to my previous claim with them.

I would have to complete a lengthy selection criteria and just don't want to waste my time or set myself up for failure.

Would they still consider me for employment or would I be a too high risk for them? Considering the HR department would have my complete file relating to the previous claim would I be basically blacklisted?
 

DMLegal

Well-Known Member
28 May 2018
187
33
514
Hi Merc, this isn't really a legal question, so I doubt anyone will be able to assist. Were you compensated for future economic loss? If so there might be issues with them paying you your normal salary given you may have been technically paid for future employment as part of the payout.
 

Merc

Member
16 July 2018
4
0
1
Hi DMLegal,

Thanks for your reply,

Yes the payout did include future economic loss, I guess I assumed that they may consider me a high risk due to the previous claim.

Kind regards
Merc
 

DMLegal

Well-Known Member
28 May 2018
187
33
514
They may very well consider employing you high risk, I suppose it depends how big the company is, if you disclose your previous employment etc. They wouldn't be going beyond their rights in rejecting your application on the grounds of the previous incident if that helps.
 

Merc

Member
16 July 2018
4
0
1
Medium sized company and having worked there previously for 16 years I am well known by current staff. Anyway I appreciate your response and I guess it boils down to me deciding to apply or not. Thanks again :)