Cairns Employment and Workplace Lawyers | Employment and Workplace Lawyers

Dismissed For Making a Workers Compensation Claim?

unfair dismissal | Preston Law

If you have ever sustained an injury at work, you may have considered making a claim for Workers Compensation.  Unfortunately, many people hesitate before bringing claims for compensation forward.  Some people fear that they will be terminated or demoted from their position if they make a claim for compensation.  Don't let fear of losing your job stop you from making a claim for compensation.  An employer is not allowed to terminate your employment for making a workers compensation claim.  

Fortunately, in Australia, we have Unfair Dismissal Laws in place to protect employees rights. These Laws provide employees with the ability to apply to the Fair Work Commission to seek reinstatement or compensation when they are unfairly terminated from their work. If you are concerned that you may lose your job if you make a Workers Compensation claim, contact a lawyer for advice.  You must also contact a Lawyer if you think that your employment has been terminated because you have made a Workers Compensation claim.

Unfair Dismissal

Under Unfair Dismissal Laws, employees have the legal right to apply to the Fair Work Commission to seek reinstatement or compensation if they feel that they have been unfairly terminated.  A dismissal is considered to be unfair if it is harsh, unjust or unreasonable. One of the factors that the Fair Work Commission will consider when deciding if the dismissal was unfair is whether there was a valid reason for the dismissal.  Making a workers compensation claim for a work-related injury is not a valid reason for dismissal.  If you have been involved in an accident while at work or travelling to or from work, you are entitled to make a claim for compensation.  

Your rights

  • It is illegal for your employer to fire you for making a workers compensation claim.
  • Some employers may try to persuade you against filing workers compensation claims.  This is usually to prevent their insurance premiums from being increased. 
  • There are legal consequences for your employer if they do terminate your employment because you made a claim. 

Our Advice

  • If you think that you have been unfairly dismissed, contact us at Cairns Workplace and Employment Lawyers.  Don’t hesitate as there are time restrictions….You must apply to the Fair Work Commission within 21 days of the dismissal date.
  • Gather as much information as you can about your dismissal.  Keep any documentation related to the dismissal.
  • If you believe that you have lost your job as a result of making a workers compensation claim, contact us for expert advice on your rights as an employee!

Cairns Employment and Workplace Lawyers

1/15 Spence St, Cairns City QLD 4870

4052 0700

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