Injured Employee Compensation

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INJURED EMPLOYEE COMPENSATION

Injured Employee Compensation

Injured Employee Compensation

Introduction

Injuries can be common in the workplace. For anyone who is injured, a common concern is the ability to continue to work on specific vocation. For employees, the main concern is to get back to work as soon as possible while still being considered as a productive and contributing member of society. For serious injuries like this that happened to Jane, once the patient has left the critical phase, vocational rehabilitation can begin shortly thereafter. (Wilthagen, 2005)

Physicians are there to analyze the extent of the injury and the physiological effects on the mental health of the patient and the impact on employment. The ability of the person to perform the job duties will be adequately measured and appropriate steps to return the person to the above condition will be applied. (Fronstin, 2007)

Description

In the case of Jane, she would be having the following assistance from the employer and injury management coordinator under WA legislation of health and safety.

Role of Jane's employer according to the WA Legislation

Employer of Jane is responsible for her injury as she got injured while working Under the Act of 1984, WA OSH. As both have to maintain a relationship in different ways. This includes obligation to help her return to work after the injury. The employer must:

Maintain employment benefits for one year from the date of the accident for Jane who has left work to recover from the injury. (Jensen, 2006)

The employer must rehire her in the manner described below and if necessary provide work according to her physical condition.

Intra Requirements

1. If the employee has worked for a year without interruption for the same employer and the employer usually employs 20 or more workers, the employer is obliged to offer again a job the injured worker either the same job that the work performed by accident, comparable work or work within the physical limitations.

2. This obligation continues until the earliest of:

two years from the date of injury;

one year from the date on which the worker can return to work performed before accident

3. Reemployment obligations take precedence over a union contract if they offer greater worker protection. In case of dismissal, the employer's obligation to accommodate the worker suitable work is not obliged to hold the injured worker's employment is less seniority than their colleagues who have not suffered an injury (Barling, 2003).

4. If an employer terminates an employee within six months of returning to work, employer must show that the employee was not dismissed due to injury or disease work. If an employer fails to comply with its obligations to reemployment, the WSIB may impose a fine and pay compensation. Any fines relating to the reemployment is considered a debt to total WSIB from the time it was imposed.

Role of the Injury Management Co-ordinator according to WA Legislation

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