Navigating Pre-existing Injuries and Employment
Embark on a journey to comprehend the significance of disclosing pre-existing injuries or medical conditions as a worker. Recognize the implications this has on potential compensation payments after a workplace accident.
Your Obligations as a Prospective Worker
Disclosure Requests
As a prospective worker, understand that a prospective employer has the right to request disclosure of pre-existing injuries or medical conditions. This disclosure should cover the period of the employment process and potential aggravations due to employment-related duties.
Written Disclosure
When requested, you must disclose this information in writing. The request will include details of the employment-related duties, ensuring transparency and clarity in the disclosure process.
Consequences of Misleading Information
Be aware that providing false or misleading information knowingly may result in the forfeiture of your entitlement to compensation or damages under the Workers' Compensation and Rehabilitation Act 2003.
Key Considerations for Employers: Shaping Employment Processes
Employer's Decision
Recognize that it is the prospective employer's prerogative to decide whether to request disclosure of pre-existing injuries during the pre-employment screening. This decision significantly impacts your ability to make informed choices about potential aggravations.
Accuracy in Duty Descriptions
Employers must ensure that details of the nature of the duties are accurate and specific. This information empowers you to gauge whether your pre-existing injury might be aggravated by the duties
Confidentiality of Claims History
Employers must maintain the confidentiality of your claims history summary. The information in this summary should only be used for the employment process, preventing unauthorized disclosure or use.
Consultation with HR
Any changes to employment processes should involve consultation with the human resources unit or advisor. This ensures fairness, transparency, and compliance with legal standards.
Record-Keeping Importance
Emphasize the significance of accurate record-keeping by employers. These records become crucial during the claims determination process, providing necessary information when applicable
Understand that this information applies specifically to employment processes after 29 October 2013.