Council sentenced over failure to lodge worker's compensation claim
02 May 2024•BlueSafe Team•Source: WorkSafe VIC
Banyule City Council has been sentenced after admitting it failed to forward an injured worker's compensation claim to WorkSafe within 10 days of receiving it.
The council pleaded guilty to one charge in the Heidelberg Magistrates' Court on Wednesday. Without recording a conviction, the court imposed a 12-month adjourned undertaking and ordered the council to pay $2,500 to the court fund and $1,500 in costs.
The case involved an early childhood educator who injured her hip and lower back after tripping over a water pipe at the council's Heidelberg West childcare centre in September 2022. The council kept paying her salary until she resumed full-time duties on 19 October, but she also faced additional medical expenses.
WorkSafe's investigation found the educator had provided a certificate of capacity and signed claim form on 21 September, immediately before two public holidays. A week later, the council's Return to Work Coordinator began four weeks of leave.
In December, the worker sought her claim number and insurer details from the council but received no reply. She contacted WorkSafe, which advised her to lodge the claim directly with the agent. The claim was eventually accepted.
Executive Director of Return to Work Victoria Jason Lardelli said employers had no excuse for failing to look after injured workers.
"No one should ever be injured at work, but if the worst does happen, employers must ensure they meet their obligations to support injured workers," Mr Lardelli said.
"That includes lodging the appropriate claim forms without delay so that workers can access the care and support they need, right through to supporting injured workers when they are ready to return to work."
Information about lodging a claim is available from WorkSafe's advisory service on 1800 136 089, between 7:30am and 6:30pm Monday to Friday. WorkSafe can also be contacted through the Translating and Interpreting Service (TIS National) or the National Relay Service.
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