Firm is fined over injured worker’s job

A DANDENONG playground equipment manufacturer has been fined $5000 for failing to reinstate an injured worker into his old job.
Playspace Playground pleaded guilty in the Dandenong Magistrates Court on Tuesday 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 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.
The employee 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 before 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 $2500 costs.
WorkSafe executive director Len Boehm said helping an injured worker return to work was good for the worker, their families, 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.”