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Injured Workers Support Network
Fact Shee
What happens if I am injured in my own time? -­‐Note: Information contained in this fact sheet is general advice only and should not be relied upon as professional legal or medical advice. Being injured or ill is unfortunately part of life. The Injured Workers Support Network is there for all injured workers, this fact sheet will provide you with some information on your rights and responsibilities if you are injured or fall ill away from your workplace and workers compensation cannot apply to you. Remember: Keep your workplace informed. • Make sure you tell your work as soon as possible what has occurred and keep them up to date throughout your recovery time. Having time off to recover: •
You are entitled to use your sick leave and your recreation leave to help you recover (most workplaces will allow you to use recreation leave at half pay to assist you). If you need further time off you can access your long service leave (if you have accumulated this) or arrange leave without without pay. Can I be fired while I am recovering? •
An attempt to fire you because of your injury or illness is likely to be seen as an unfair dismissal by the Fair Work Commission or the Industrial Relations Commission. You may also have capacity to take your employer to the Anti-­‐
Discrimination Commission. Please speak to you union about this. •
You can be made redundant if there is a general restructure and a redundancy program is in place. Medical retirement or unfit for work: There is a process that needs to occur before you can be medically retired. The process involves sending you to a medical specialist for assessment and an appeals process. You can elect for voluntary medical retirement and the same system (unless agreed to by your employer) will apply. IWSN Fact Sheet WIRO. Correct as of April 2015 Is there any benefit to medical retirement? Medical retirement is usually governed by you enterprise agreement or your award so please contact your union for advice. You may be able to access your Superannuation (please refer to your Superannuation company for further details). Is there any downside? Some awards or enterprise agreements prevent a medically retired person from applying for a position in that company or service ever again. Returning to work: •
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Most companies will provide you with a return to work program for when you do return. The Federal government provides some financial support for worksite adjustments if you require these. You cannot be discriminated against because you are ill injured or have an acquired disability. Financial support Accessing your Superannuation In limited circumstances the law allows for early access to superannuation. Most of the grounds under which early access is permitted are administered directly by the superannuation funds. These include: • severe financial hardship • terminal illness • permanent incapacity • balances of $200 or less • permanent departure from Australia If you believe any of these apply to you, you should contact your superannuation fund. For further information please go to: http://www.humanservices.gov.au/customer/services/centrelink/early-­‐release-­‐of-­‐
superannuation IWSN Fact Sheet non-­‐work related injury. Correct as of April 2015 Income Protection Income protection insurance replaces the income lost through your inability to work due to injury or sickness. It is an important consideration for anyone who relies on an income. It is especially suitable for self-­‐employed people, small business owners or professionals whose business relies heavily on their ability to work. Note: income protection premiums may be tax deductible Sickness Allowance A payment for people aged 22 years or older but under age pension age who temporarily can not work or study because of an injury or illness. Eligibility: • aged 22 years or older and have a job, or • aged 22 years or older and getting ABSTUDY as a full-­‐time student, or • aged 25 years or older and getting Austudy as a full-­‐time student, and • under Age Pension age and meet an income and assets test Claiming To claim a sickness allowance you need to: 1 Register an intent to claim 2 Complete your form 3 Complete the supporting documentation 4 Submit your claim 5 We assess your claim and let you know the outcome Income test Your income affects the amount of payment you receive. Read more about the income test for Newstart Allowance, Partner Allowance, Sickness Allowance and Widow Allowance. Assets test An asset is any property or possession you own either partly or in full. It includes assets held outside Australia and debts owing to you: • See the assets test for homeowners if you own or are buying your home • See the assets test for non-­‐homeowners if you are renting or boarding • Payment may be deferred when your liquid assets are $5,500 or more (single), or $11,000 or more (couple or single with dependants) IWSN Fact Sheet non-­‐work related injury. Correct as of April 2015 • Asset Hardship provisions may apply Workers Compensation •
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If you are receiving weekly payments you will be ineligible for Sickness allowance. If you were receiving sickness allowance and then workers compensation for the same injury and covering the same timeframe you will be required to pay back the amount received in sickness allowance. Please refer to fact sheet IWSN Centrelink Fact Sheet 1_ 2015 Services and programs You can use a number of Australian Government services and programs, including: • Disability Employment Services • Social work services If you qualify for Sickness Allowance, you may be entitled to other payments and benefits, such as: • ABSTUDY • Austudy • Centrepay • Clean Energy Advance • Energy Supplement • Health Care Card • Income Support Bonus • Pharmaceutical Allowance • Rent Assistance • Telephone Allowance For further information please go to: http://www.humanservices.gov.au/customer/services/centrelink/sickness-­‐allowance Where can you go for further information? Your Union. To find a union that covers you-­‐ call Unions NSW (02) 9881 5999 Centrelink: 132 307 (select option 1) Information contained in this fact sheet is gathered from Centrelink and ASIC. You should always do your own research prior to making a decision on your future. IWSN Fact Sheet non-­‐work related injury. Correct as of April 2015