Injured Employee Management

Managing an ill or injured employee is highly sensitive and often very complex. Employees who are genuinely sick or injured can be concerned about the future of their employment, particularly if their condition has led to extended absences from work. Inquiries by an employer assessing ‘fitness for work’ or a subsequent decision to dismiss can lead to a strong emotional response from the employee.

The legal framework which applies to this area is also complex. Equal opportunity laws protect employees against discrimination on the basis of their impairment but occupational health and safety laws require the employer to protect the employee from further aggravating their condition at work, and ensure the safety of their co-workers. If the employee’s condition is work-related, or the issue involves an insurer, rehabilitation obligations or restrictions on dismissal, the issues are even more complex.

MinterEllison’s lawyers specialise in this area – not just in the law and how it applies to the unique circumstances of each case, but they have a keen insight into the human dynamics involved. With that knowledge, we tailor our advice to each situation and provide a clear and robust management plan directed at achieving the best available outcome for our client. We provide a clear recommendation on what to do, not just a list of options. We regularly provide ‘front end’ advice to our public and private sector clients such as Qantas, Sucrogen, Xstrata, Campbell Arnott's, Queensland Health, GE, Pfizer, ENERGEX and Australian Catholic University.

If litigation is unavoidable, we also have the skills and resources to respond to the employee’s claim on our client’s behalf, regardless of the type of claim or where it is brought.