Experiencing hostility or unfair treatment from your employer after lodging a WorkCover claim can be distressing and confusing. It's crucial to understand your rights and the reasons behind such behavior to navigate this situation effectively. Here's what you need to know.
You Cannot Be Legally Dismissed for Lodging a Claim
The first and most important thing to understand is that it's illegal for your employer to sack you or make you redundant because of a WorkCover claim. This protection is your right. If you feel you're being unfairly treated, intimidated, or threatened with job loss due to your claim, this is against the law, and you have avenues to seek help and enforce your rights.
The Financial Impact on Your Employer
When you lodge your claim, it triggers specific clauses in the Workers Compensation and Rehabilitation Regulations 2014, which can lead to an increase in your employer's insurance premiums. In essence, lodging a claim does more than 'rock the boat'; it can create a significant financial impact for your employer.
In fact as soon as you lodge a WCMC, you have taken a six-inch hole saw and cut holes in the bottom of the boat. Now, you might feel like that boat, once a secure vessel, is sinking fast, and you're left adrift, feeling isolated and overwhelmed.
While this doesn't justify hostile behavior, it often explains why some employers might react negatively. Your claim, especially if it's accepted and involves a permanent injury, directly affects their bottom line.
Why Some Employers Push for an Early Return to Work
If you're being pressured to return to work before you're ready or before you've had a proper assessment of any permanent impairment, understand that this can be a tactic to mitigate the financial repercussions on your employer. Returning to work, especially under 'light' or 'suitable' duties, might be used as a strategy to influence the outcome of your claim and potentially reduce their premiums. It's essential to manage this carefully and not to rush back until you're medically cleared and genuinely ready.
Managing the Situation
1. Know Your Rights: Understanding that you're protected against dismissal for lodging a claim is vital. If you're facing harassment or pressure, seek advice from a legal professional or a workers' rights advocate.
2. Document Everything: Keep records of all interactions with your employer, especially those that feel unfair or hostile. This documentation can be crucial if you need to take further action.
3. Prioritize Your Health: Don't let pressure from your employer force you into decisions that aren't in your best health interest. Work with your medical providers to determine the best path forward.
4. Seek Support: If the situation at work is causing you stress or anxiety, consider talking to a counselor or support group. You're not alone, and there are resources available to help you through this time.
Conclusion
If your boss has been horrible to you after you've lodged a WorkCover claim, remember, it's often about money and the financial implications for the company. However, this doesn't excuse the behavior. You went to work, got injured, and it's not your fault. Now, your focus should be on your recovery and ensuring your financial and physical well-being is protected. Understanding the dynamics at play and your rights within them is the first step to navigating this challenging situation effectively.