COUNCIL IN COURT: WORKCOVER FAILURE

Banyule City Council was sentenced in the Heidelberg Magistrates' Court on Wednesday after pleading guilty to a single charge of failing to forward a worker's compensation claim to WorkSafe within 10 days of receipt.

The court heard that an early childhood educator submitted a claim after injuring her hip and lower back when she tripped over a water pipe at the council's Heidelberg West childcare centre in September 2022. The council continued to pay the worker's salary until she returned to full-time duties on 19 October; however, she also incurred additional medical expenses.

A WorkSafe investigation found that the worker submitted a certificate of capacity and a signed copy of the claim form but the council's Return to Work Coordinator went on four weeks' leave a week later.

In December, the educator asked the council for her claim number and insurer details but received no response. She then contacted WorkSafe, who advised her to submit her claim directly to the agent, and it was ultimately accepted.

The Executive Director of Return to Work Victoria is reminding employers they have a duty to take care of injured workers and ensure they get the support they need, including filing claims promptly.

The council admitted guilt and received a 12-month warning from the court. They also had to pay $2,500 to the court fund and $1,500 in costs.

Visit our webpages Workers' Compensation: What are your rights?and Help a member with Workers' Compensationfor information and guidance.

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