It’s that time of year again and Mr E. Bunny is getting ready for his annual delivery of easter eggs. Unfortunately, Mr Bunny suffered a minor back injury while working in the Easter Egg Corporation Chocolate Factory a few months ago. He reported the injury to his manager at the time, but as it did not prevent him from working, Mr Bunny decided not to lodge a workers compensation claim. His back pain has been getting progressively worse since then. Mr Bunny is concerned that he may not be able to do his annual easter egg deliveries due to his back pain.

Mr Bunny approached his employer to ask whether they could pay for some medical treatment for the back injury. The Easter Egg Corporation however disagreed, pointing out that Mr Bunny had been working the last few months since the initial report of injury without any issue. They believed it was more likely that Mr Bunny had a further back injury at home while jumping around with his 10 children. They refused to pay for any treatment and did not notify their workers compensation insurer of Mr Bunny’s request.

Mr Bunny’s back condition got worse, and he was unable to go to work. He saw his GP who recommended that he see an orthopedic specialist. The GP provided a Certificate of Capacity confirming that Mr Bunny’s back injury occurred at work and that he would be unable to work until he obtains further treatment.

Given the issues with his employer, Mr Bunny thought he should seek some legal advice. Mr Bunny discovered that he could obtain a funding grant through the Independent Review Office (IRO) to cover the costs of legal advice from an IRO Approved Lawyer in relation to a workers compensation claim. After receiving advice about his entitlements, Mr Bunny instructed his solicitor to lodge the Certificate of Capacity directly with Icare and also send a copy to his employer. Icare accepted liability for the claim within 7 days and paid for Mr Bunny to get the medical treatment he needed in order to return to work and carry out the ongoing duties of his position. The employer received payments from Icare in order to continue to pay Mr Bunny 95% of his usual wage for the period he was unable to work. Mr Bunny is now able to get on with his annual easter egg delivery.

While the employer was obviously reluctant to notify their insurer of a workers compensation claim in this scenario, it is a clear example of why it is important that both workers and employers understand what workers compensation insurance actually covers. It can assist workers to get the treatment they need to get back to work and it can provide funds to cover those costs so that the employer is not out-of-pocket when one of their employees is injured at work. If you need legal advice in respect to workers compensation claim, contact an IRO Approved Lawyer: https://www.iro.nsw.gov.au/find-lawyers

KC Hilton, WNB Legal