Uninsured, bankrupt or missing employers
Every employer must take out an insurance policy to cover liabilities for workers compensation; failure to do so is a criminal A criminal act prohibited by state or commonwealth criminal law. An offence is either a summary offence (minor) or an indictable offence (serious).. If an employer does not have such a policy at the time of a worker’s injury, the worker is still protected.
The employer must pay workers compensation benefits for the first 10 days of incapacity, and an amount towards the worker’s reasonable medical The amount charged by a lawyer for legal work. Lawyers can only charge the amount agreed with the client in a costs agreement or the amount stated by a court in its rules. The party who loses a case usually has to pay all their own costs plus most of the costs reasonably incurred by the other side. See also indemnity costs.. If the employer’s wage bill is very small (s 72), or if the employer is unable to or does not pay the benefits and medical costs, WorkSafe must assume responsibility and make these payments to the worker. This ensures that the worker receives payments and does not have to bear the loss (s 93).
It is a criminal offence for an employer or prospective employer to engage in discriminatory conduct for a prohibited reason (s 575). ‘Discriminatory conduct’ includes dismissing, altering the position of, treating a worker less favourably, or refusing employment.
Discriminatory conduct is for a ‘prohibited reason’ if the dominant reason is that a worker has given notice of injury or made or pursued a claim for compensation.
If an employer or prospective employer is convicted or found guilty of an offence against section 575, then a An independent body that hears legal claims brought by parties and decides between them. Serious cases are heard by a judge and jury, or just a judge. Less-serious cases are heard by a magistrate. may (1) A standard set of working conditions, including pay rates, for a particular industry. (2) A court decision that a party receive compensation, such as an award of damages to compensate them for physical injuries. A court order for money to be paid to someone to compensate them for a loss suffered as a result of a civil wrong or breach of contract. For example, a person who caused a serious permanent injury to another person can be ordered by the court to pay damages that compensate the injured person for their loss of income from being unable to work. See also aggravated damages; compensatory damages; general damages; liquidated damages; nominal damages; special damages., or up to 12 months remuneration, or order reinstatement or that the worker be given employment.
Alternatively, a worker or prospective worker can apply to the Industrial Division of the Magistrates’ Court for similar orders if there has been discriminatory conduct for a prohibited reason.
An employer or prospective employer has a number of possible defences to all of the above proceedings. Such defences include compliance with the Occupational Health and Safety A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. 2004 (Vic), the worker being unable to perform the ‘inherent requirements’ of the adjusted employment, and the worker engaging in a fraudulent or dishonest claim.