Managing Ill and Injured Employees

Virtual education session recap

Managing Ill and Injured Employees

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Managing Ill and Injured Employees, virtual education session recap

Presented by Natalie Todd, Principal Workforce Advisor, Peak Services Legal

Download the slides here

Request to obtain medical information

  • Personal Leave – medical detail to cover nature and duration;​

  • When should you request additional information (work and non work related):​

  • Awareness of an injury or illness / surgery or medication;​

  • Ongoing requirements for adjustments/modifications to duties;​

  • Ongoing absence from duty due to illness or injury;​

  • Often employer is unable to rely on medical information provided by LGW/WorkCover.​

  • Refusal by employee to provide information?​

  • Work health and safety obligations;​

  • Failure to follow a reasonable direction;​

  • Direction to attend an IME.​

Direction to attend IME

  • Consider obtaining report from treating Dr/specialist in first instance:​

  • Concerns of bias;​

  • Dr/Specialist refusal to provide Report – public health system;​

  • Refusal by Employee;​

  • IME may be requested later if medical information not sufficient or employer continues to hold WHS concerns;​

  • Ensure IME has access to relevant detail required:​

  • Previous Reports provided by employee or other;​

  • Access to relevant medical history of employee – obtain authority;​

  • Employment documentation, PD, SWMS, history of adjustments etc;​

  • Ask the right questions and choose experienced/relevant IME.​

Medical Termination

  • Consideration of all Medical Opinion:​

  • Can reasonable adjustments be made?​

  • Timeframe of restrictions or incapacity?​

  • Can an alternative position be identified?​

  • Is additional information required?​

  • Legal considerations:​

  • General Protections – Section IR Regulations 2011, Temporary Absence – Section 10A;​

  • Workers Compensation and Rehabilitation Act 2014 – Section 232B;​

  • Show cause medical termination;​

  • Decision to terminate – harsh, unjust or unreasonable?​

Watch the online replay here


For more information, or to discuss your workplace situation with our legal team, please contact Natalie Todd directly at ntodd@wearepeak.com.au or phone 07 3000 2148

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