Work injury, am i being unreasonable

**Rick1970** · 7th August 2018, 01:51 PM

So i fell/got knocked from a flat deck semi trailer at work, landing flat on my back across a 8ish inch dia pipe (old truck tipper hoist). It hurt, a lot, drove myself hospital, fractured T12 vert and an unidentified left hand injury (no beaks visable on x-ray). Couple of days off work, limits of bending twisting and lifting for 4-6 weeks.

Rock up to work on the monday, tell boss ok but gotta take it easy due to fractured vert for 4-6 weeks, hand over relevant (including Workcover) paperwork.....and straight back to normal duties (hydraulic fitter, working on and under trucks cranes heavy equipment etc).

two days later, and backs hurting, a lot, so take a day off. Couple of more days at work taking it as easy as i can then rest for the weekend (going crazy, 1 day of doing nothing is about my mental limit).
Back at work, two more days doing full duties and say something to boss that need to take it a bit easier cause its really causing pain and it(fracture) could get a bit more serious if i damage it more before it heals, and promptly get told its my fault and hes to busy for paperwork and to go home, with a few other more AO descriptive words thrown in there...... end result was both being in a far from happy state(to say the least) and me going home..........Not certain if that was go home till you have a full clearance, go home for the day or just go home and don't come back!

I know small business is hard, things need to get done to get the bills paid and all that, but if it really is a genuine at work injury?......

I honestly believe there is stuff i could be doing at work thats within the limits of the medical certificate.... i would rather be at work, and i thought that would it be more of a benefit to him if i was. Am i just being unreasonable?

Rick

**Eevo** · 7th August 2018, 01:57 PM

take the time off, your not doing yourself any favors by going to work (even on light duties).

**goingbush** · 7th August 2018, 02:06 PM

Your fault or not, your employer has an obligation to provide a safe work environment, If someone from Workcover reads this your boss should expect a visit !

**Rick1970** · 7th August 2018, 02:15 PM

Originally Posted by goingbush

Your fault or not, your employer has an obligation to provide a safe work environment, If someone from Workcover reads this your boss should expect a visit !

Maybe thats what he is afraid of..

**Roverlord off road spares** · 7th August 2018, 03:33 PM

Your boss is a dead set ***** if he treats an injured worker like that.

**Homestar** · 7th August 2018, 03:58 PM

Go home, call Workcover and advise them of what is happening. He is obligated to assist you to get better - he is breaking the law. Throw him under the bus, it's all he deserves if he treats you like that. You can't be sacked while on Workcover either if he tries that, he'll have a wrongful dismissal suit on his hands too....

**Tins** · 7th August 2018, 04:03 PM

Originally Posted by Homestar

Go home, call Workcover and advise them of what is happening. He is obligated to assist you to get better - he is breaking the law. Throw him under the bus, it's all he deserves if he treats you like that. You can't be sacked while on Workcover either if he tries that, he'll have a wrongful dismissal suit on his hands too....

X1000.

**Tins** · 7th August 2018, 04:08 PM

Stuff small business being hard. He should have Workers insurance. If he doesn't he's in deep ****. As Gav says, he is breaking the law, on many fronts it seems, no ifs, no buts. Ring Workcover and tell them. If he can treat you like this do you really want the job? He cannot terminate you when you are on Workcover.

Which doctor told you you were fit for light duties with a fractured vert? I'd get a second opinion. Remember, you have to live in your body for the rest of your life, so you don't want to **** with it.

**theelms66** · 7th August 2018, 04:09 PM

Unless you work for a big firm there is really no light duties as a hydraulic /diesel fitter in a small business. Trust me been there done that. With a fractured t12 you should be resting full stop.

**strangy** · 7th August 2018, 04:17 PM

You shouldn’t be at work at all.

You only get one body in this life and it won’t thsnk you for “pushing on” neither will those who depend on you.
NB your boss isn’t one of those people.
If he can afford the truck he can afford the insurance. No excuses.
Time to get another job. I’m acutely aware that is often easier said than done.
Re unfair dismissal (if it came to that) sadly the fed govt changed the laws last year limiting payouts to a max 6 months wages/salary for a successful case. (Salaries up to 150k)
It is now quite attractive for any employer to fire someone for whatever reason and if the employee was indeed unfairly dismissed, employer typically pay less than the maximum for the privilege.

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