If you have been injured at work and need to seek Workers Compensation, you must know your rights. Unfortunately, it’s not uncommon for employers to try and influence doctors and employees to try and make for a quick return to work, but they have no right to do this.
Let’s get straight to the point.
The very clear, absolutely no grey area answer is: No.
Your employer has no legal right to attend your doctors’ appointments. They have no legal rights to influence which doctor you see. And unless they have a medical degree, they have absolutely no justification for being present and have no ability whatsoever to add value to your appointment.
Trying to do so is a gross breach of your privacy, and you have every right to say no if they ask to attend or try and tell you that you should see a doctor preferred by the company.
Unfortunately, in some cases, employers will suggest company doctors because they have the power to influence them and get you to return to work faster. You have the right to seek your own medical practitioner for your Certificate of Capacity.
Let’s explore some other common questions pertaining to this.
Absolutely not. Your employer has no right to contact your doctor. There is no justifiable reason for them to do so.
Here’s what FairWork Australia has to say:
“The Fair Work Ombudsman does not condone or support this behaviour and sees no reason why an employer should seek to attend a private and confidential appointment with an employee, unless specifically requested to do so by the employee.”
This point is where things become a little grey and can vary on a case by case basis. In an ideal world, where an employer is not trying to influence the situation inappropriately, it makes sense that they need to see your medical records.
Under the WorkCover scheme, employers have to make sure employees are only given “suitable duties” for 12 months following an injury. In order to determine what is reasonable, it is good to be transparent about your injuries and capacity so that you are safe from further injury.
This transparency, however, should not include your entire medical history. Only what is relevant to keep you safe from further injury.
If you feel uncomfortable with these requests from your employer, it’s advised that you seek specialist advice from a Workers Compensation legal professional.
Using our claim calculator, What’s My Claim Worth can provide you with a clear range on what your claim is worth, and then connect you to our extensive network of Workers Compensation claim experts, who can help you to pursue your case and seek legal guidance on what to do about inappropriately nosey employers.
All of our legal experts work on a No Win, No Fee guarantee (excluding defendant costs if the claim is litigated).
Welcome to What’s my claim worth?
Please choose your state below so we can show you the most relevant content
