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  1. #1
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    Default Work cover help

    I'm hoping someone has more knowledge about this than me. 5 years ago my husband injured his back at work. Workcover investigated and was offered a compensation payment. At the time we were advised by a family friend to not take the payment as he would then be 'accepting' he had a permanent injury that could effect his ability to work

    As time has passed he has been honest with employers about his injury history, and has never had trouble passing a medical.

    Are there any ramifications to accepting the pay out?

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    In most jobs I've been in, you have had to declare if you've received a compensation payout, but I don't think they can discriminate against you for it. Though of course there may be employers who would perhaps find other reasons not to offer you a job if they thought you were high risk because of a previous payout.

    I guess in your DH's scenario, perhaps because he didn't accept the payout, he could have gotten away with not mentioning the previous injury?

    I'm just musing though, I've got no real knowledge on the finer points of this, but have always found it interesting since my BIL was in a work accident and received a hefty payout (hundreds of thousands) but he lost an eye from it so it was never something he was gonna be able to hide from subsequent employers lol.

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    We've never been asked to declare if a compensation payment was made (I do most of his paperwork usually). Just if any claims have been made (workcover paid his wages and his medical bills etc).
    A quick google tells me under the act he doesn't need to disclose any compensation info.
    So I'm not sure if what we've been advised is correct. Yes, he is accepting his has an impairment, but is there a way for employers to find out?

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    Bumping for the morning crowd

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    I work for federal government and have had compensation before that job. I did not tell them as it is not a law that you must. I have never had a problem and no due to privacy laws they can not find out through ither sources legally it would be a breach of privacy to which the company whp divulged the information could be sued.

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    Thank you!

    Our main worry was he wouldn't get employment with that company again (a big employer in his industry) but he has worked for them again since with no issue.

    Seems we'll have to look into it more.

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    Bit lomg winded but found this for you under legal website.


    ople often tell me that when they apply for a job, the application form asks whether they have had a workers compensation claim, and if so, they are required to provide details of their claim history. Many people who have a WorkCover history are intimidated by this and believe that if they answer the question truthfully the employer will be biased against them. Are employers allowed to ask this question and what should a job applicant do if the question appears on the application form?

    In my view, although it would be against anti-discrimination laws for an employer to refuse a person’s application because the applicant has previously made a claim for workers compensation, there is nothing unlawful about an employer asking the job applicant to provide their WorkCover history. Even so, while it is not against the law for an employer to ask a general question about a person’s WorkCover history it is still inappropriate. Questions on a job application form should be relevant to the type of job being considered. A general question about an applicant’s WorkCover history is no more relevant to the job than, say, their marital status or religion. If a decision to grant or refuse the application cannot lawfully be based on the answer to the question, why ask it? If an applicant is asked such a question, he or she would be entitled to respond with, ‘Not Applicable’ or by ruling a line through it.

    Instead of asking an applicant about their WorkCover history, a relevant question would be, ‘Are you currently affected by any injury or condition that may impact upon your ability to perform all the duties of the job? If so, please provide details and advise on what measures may be taken to accommodate your injury or condition so that you could perform the job satisfactorily.’ This information is necessary to the employer fulfilling their workplace safety obligations and ensuring that the applicant could undertake the job without endangering themselves or others. An employer can also lawfully refuse to give a job to someone whose physical or mental impairment would render them unable to perform the job.

    If such a question is asked, the applicant should provide an accurate answer. A failure to disclose details of an injury that could affect the applicant’s ability to perform the job might lead to disciplinary action or dismissal if, after being given the job, further injury occurs. However, any question that is irrelevant to the job, such as a general question about whether the applicant has ever made a workers compensation claim in previous employment, does not need to be answered and the applicant can ignore it.
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    Thank you, that's great to know!

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    About 10yrs ago my dad had an accidents ay work that required neurosurgery on his arm, but it failed. He has a deformed left hand with lack of strength, loss of muscle tone and no feeling or sensation....he got a payout.

    He was told there was no longer a position for him.

    He went on to find another position within that industry at another company, fully disclosed and everything went fine.

    Proudly brought to you by me and my autocorrect fail device.

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    I have some experience working on behalf of insurance companies in workers compensation claims. I have seen fresh claims for compensation denied on the basis that the worker failed to give notice of a previous injury or previous workers compensation claim, when they completed their pre employment paperwork.

    The way it plays out is that when a claim is submitted, the insurance company will look at the workers personnel file and medical history and if there is evidence of a previous injury and or a previous claim that was not declared by the worker at the outset of their employment, then the insurance company may deny the claim on the basis that the employee gave false information to their employer.

    My point is, if you do not declare previous injuries and or claims for compensation to a new employer, if you make any future claims, they may be denied.


 

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