Accident at Work? Where to go from here?

by admin on May 20, 2010

Having a work situation here and not quite sure where to go with it from this point.

If, after sustaining injuries whilst doing your job at work, you have been off work for almost 18 months but still undergoing treatment (ie.surgery, physiotherapy,counseling etc), is it legally fair/right for your employer to ask you to apply for another position in your workplace/department? This would involve going back onto a 3 month probation period and no guarantee that they would keep you on after this period. You have also worked for this company for 9 years. Are they within their rights to do this/ask you to do this?

There is nothing to say that after all the treatment etc, you wouldn’t be able to do the job you are already employed to do. But if they have been paying you for these 18 months and they feel it is "going on for too long". can they ask this? Where would you stand in this situation?

Before you all ask, no-one can be blamed for the accident or be found to blame. It was just a freak accident that happened – no faulty equipment, inadequate training etc.

If they can do this, where would you go from here?
What if they are not *willing* to find you a job that you can do? Just that you have to wait for vacancies to come up and apply if you *think* you could do it? And sign a new contract?

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{ 2 comments }

Max Hoopla May 20, 2010 at 8:29 am

If you can’t do your old job, it is reasonable for your employer to try to find a new job you can do.

cynical bustard May 20, 2010 at 8:29 am

Workers compensation- but you should already have filled a claim form given to you by your employer.

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