NSW Will I Lose My Workers Compensation Claim?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Aaa123

Member
18 March 2016
2
0
1
Hi

I have been just accepted for workers compensation.

Allianz have stated that I cannot return to my employer and my employment has now ceased with my employer. instead of returning to work, my new goals are to find new employment.

To date I have not been paid out my entitlements from my employer - nor have I been requested to return any of there items such as mobile/laptop etc.

Allianz has stated I must look for 4 jobs per week or I lose my entitlements.

if I'm forced to find another job without being terminated by my employer I lose my ability to lodge a claim against them. Can they do this under Employment Law?
 

Serge Gorval

Well-Known Member
LawConnect (LawTap) Verified
2 November 2015
201
12
614
Sydney
lawtap.com
if you got terminated whilst on workcover, you have a very good claim for unfair dismissal or adverse action.

How long have you been on workcover for, why were you terminated?
 

Aaa123

Member
18 March 2016
2
0
1
My employer has not terminated my employment although the insurer and return to work injury management provider had said I cannot return to my employer. And must find another job or lose my entitlement to regular payments.

On Workers Comp since January although initially they wouldn't accept my claim and I waited 9 weeks to be accepted.

Now they have admitted full liability and the date of injury has been accepted by the insurer.
 

Jenny453

Well-Known Member
8 December 2020
76
0
291
Human rights claim, if you are signed of to return to work you should be able to return to the job you were in.