Sunday, 9 October 2011

Back Injury and Termination of Employment

I have suffered a musculo-ligamentus injury to my lower back, whilst carrying boxes as part of my job in a factory. I have lodged a claim for compensation which I had accepted. I was put on temporary light duties at work, but my employer has now terminated me due to the fact that they have no permanent openings and they have also stopped my benefit – Can Schreuder’s Lawyers help me?

Yes, the expert workers compensation lawyers at Schreuder Partners can help you. We are Accredited Specialists in Personal Injury Law and we assist injured workers every day to ensure that they are not disadvantaged as a result of their workplace injury.

Your claim for workers compensation has been accepted by the insurer and you have been receiving weekly benefits under the Workers Compensation Act (“the Act”) while you recover from your injury.

While working temporary light duties your employer terminated your employment stating that they have no permanent openings. In this situation you need to be aware of your rights as an injured worked under the Act including:

  •     It is an offence under the Act for an employer, to dismiss an injured worker because they were not fit for employment as a result of the injury within six months of the date of the injury. This six month period may be longer if the worker comes under a State industrial instrument.
  •     Your employer has legal obligations in relation to your return to work. If you are partially incapacitated for work, as a result of your injury and are not suitably employed during this incapacity then you are entitled to receive weekly compensation benefits.
  •     To ensure that your weekly benefits are reinstated you need to act quickly and obtain legal advice.


It is important to remember when deciding to seek legal advice for your workers compensation matter that, Schreuder Partners operate on a strict “No-Win No-Fee” policy. This means that if your claim is unsuccessful you do not have to pay our legal fees.

We also understand that when you are injured it can be very difficult to attend an appointment at our office which is why we attend appointments at your home, at hospital and regularly trave

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