Dandenong business guilty of workers compensation offence

04 March 2008

Playground equipment manufacturer, Playspace Playground Pty Ltd, pleaded guilty in the Dandenong Magistrates Court today to failing to provide an injured employee with his pre‑injury position as required under Victoria’s workers compensation legislation.

This is the first time an employer has been prosecuted under section 155A (2)(a) of the Accident Compensation Act 1985.

The Court heard that the injured worker was employed as a welder when he suffered a hernia in 2005. His workers compensation claim was accepted and two months later he underwent surgery. He was cleared by his surgeon to return to work on modified duties one month after surgery and then fit for normal duties a week later.

However, the injured worker continued to be given light duties while another employee permanently undertook the work that he had done prior to his injury. In June 2006, the injured worker’s job was terminated.

Under the State’s workers compensation laws, an employer is required to provide an injured worker with employment in his or her pre-injury position or equivalent once the worker has a capacity for work.

Playspace Playground was fined $5,000 and ordered to pay costs of $2,500.

WorkSafe Executive Director, Len Boehm said helping an injured worker return to work is good for the worker, their families, their workmates and for business.

“This not only assists in the early recovery and rehabilitation of the worker, it reduces productivity losses and minimises the impact on an employer’s workplace injury insurance costs.

“Under the legislation, an employer must keep an injured worker’s position open for 12 months and once the worker has fully recovered from their injury, they must be provided with the same work as before.”

Mr Boehm said that identifying and prosecuting cases like this helps to build awareness among employers about their legal obligations to support injured workers and the importance of helping an injured worker return to work.

“WorkSafe is committed to doing everything it can to ensure injured workers receive the care and support they need to re-enter the workplace.

“Employers who ignore their responsibilities will be penalised.”