Thursday, 27 September 2012
Interference with injured workers
Consistent with the article in yesterday’s Canberra Times, some Canberra law firms are receiving reports of employers and insurance companies in the ACT insisting on attending medical appointments with injured workers who are claiming workers compensation.
Injured workers have also reported that they been told by their employer which doctor they must attend, and have not been advised of their entitlement to attend and nominate their own doctor.
This has to stop.
The ACT’s Human Rights Act 2004 specifically provides that everyone’s right to their privacy cannot be unlawfully or arbitrarily interfered with.
Neither the ACT workers compensation legislation nor the Commonwealth’s Fair Work Act expressly provides a right to an employer or an insurance company to attend the private medical appointment of a worker.
The presence of unsympathetic parties at medical appointments has the potential to:
- prevent candid discussion between the sick/injured worker and the healthcare professional;
- erode confidence in the healthcare professional;
- cause embarrassment, anxiety and fear in the worker; and
- lead to concerns over job security or future prospects, including promotion.
While this is a minority of employers and insurers, the Law Society calls on those offending to stop engaging in this unfair practice.