"
skip to Main Content

02 4050 0330

    • Medical Negligence
          • Medical Negligence

            We believe you deserve the best in medical care and we understand the trauma experienced when that care is less than adequate. That’s why we hold medical professionals accountable when medical care and treatment fall short of expected standards and result in adverse outcomes.

            Read More

    • Women’s Health
          • Women’s Health

            We know that there is disparity in women’s health care, treatment, and support. We are committed to improving the lives of women and strongly advocating for their wellbeing.  That is why we take a stand and hold medical professionals accountable when medical care falls short of expected standards by delivering the best outcome in medical negligence claims affecting women.

            Read More

    • Hospital Negligence
          • Hospital Negligence

            We understand you may feel let down because you have experienced inadequate or negligent care and treatment in a hospital or medical facility. Your wellbeing is most important to us and we are committed to supporting you with compassion and holding medical professionals accountable for breach of duty and negligent care.

            Read More

    • Clinical Support
          • Clinical Support

            Experiencing poor or adverse outcomes from allied health treatment can be distressing and life changing. We are here to support you through your claim and it is our aim to hold allied health professionals accountable for their breach of care by delivering the outcome you deserve to your negligence claims.

            Read More

    • I need help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Personal Injury
          • Personal Injury

            If you have been injured because of someone else’s negligence, our specialist team of Personal Injury Lawyers is here to support you with compassion and understanding providing you with the right advice. Our team has substantial experience and expertise in these matters to deliver the outcomes you deserve from your claim.

            Read More

    • Work Injury
    • Motor Vehicle Accidents
          • Motor Vehicle Accidents

            We are here to support you and give you the clarity, guidance and the right legal advice if you have been injured in a motor vehicle accident. Our compassionate team of professionals in Personal Injury law have the technical expertise and a wealth of experience to win you the compensation you deserve.

            Read More

    • Public Place Liability
          • Public Liability

            Our specialist team in Personal Injury law is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have cutting edge expertise and experience in public liability claims to deliver the outcome you deserve.

            Read More

    • Abuse
          • Institutional Abuse

            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

            Read More

    • Workers Compensation
          • Workers Compensation

            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

            Read More

    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Wills & Estate Planning
          • Wills and Estates

            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

            Read More

    • Powers of Attorney
    • Contest A Will
          • Contest A Will

            We have immense experience and specialised knowledge in family provision and wills disputes Where you have not been properly and adequately provided for under a will or where you suspect that the person making the will may not have had capacity or exercised their own free will, you need a lawyer with extensive experience and expertise. Our team of Lawyers will  provide you with advice and representation for your unique situation and deliver the best outcomes for your case.

            Read More

    • Probate & Deceased Estates
    • Enduring Guardian
    • Family Provision
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Other Services Overview
          • Conrad Curry Can assist you with a variety of services

            Our solicitors are highly experienced in providing you with expert legal advice and will keep you informed every step of the way. It’s good to know that our firm is trusted and effective with a high success rate.

            Read More

    • Professional Negligence
          • Professional Negligence

            We rely on professionals in all aspects of our lives to provide us with proper advice on which to make decisions about our financial and legal affairs. When you are let down by poor advice the results can be devastating.  We are here to support you in your claim for compensation with clarity, guidance and the right advice to achieve the outcome you deserve.

            Read More

    • Malicious Prosecution
          • Malicious Prosecution

            We believe in standing up for those people who are falsely accused and prosecuted. Our experienced legal team is here to support you with compassion and provide you with clarity, guidance, and the right advice in your claim for compensation.

            Read More

    • General Litigation
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • What to Expect
          • What to expect

            We are your law firm for life. You can count on us for the best legal advice and compassionate support. We understand the challenges you are facing and we want you to know that you don’t have to navigate the often daunting process alone. We are here when you need us. Let us help you find your way forward with our empathetic and efficient approach. Contact us. You can call us on (02) 4050 0330 for a free initial no-obligation consultation or book an appointment online for an in-person consultation or an online video appointment.

  • No Win/No Fee Options

Can I be terminated or fired while on workers compensation?

In New South Wales (NSW), injured workers are generally protected from being dismissed while they are on worker’s compensation. The Workers Compensation Act 1987 (NSW) and the Fair Work Act 2009 (Cth) provide statutory protections for injured workers.

It is important to understand that the protections against dismissal while on worker’s compensation are designed to protect workers who have been injured at work from being dismissed because they are unfit for employment because of their injury. These protections are not a shield against reasonable employer actions, such as summary termination for valid reasons.

The Workers Compensation Act 1987 (NSW) provides that an employer cannot dismiss an injured worker within 6 months of their injury, if:

(a) the worker is dismissed because the worker is not fit for employment as a result of the injury, and

(b) the worker is dismissed during the relevant period after the worker first became unfit for employment.

However, there may be situations in which an employer can dismiss an employee who is on worker’s compensation, provided that the dismissal is not related to the worker’s injury. For example:

  1. Genuine Redundancy: If your position is genuinely made redundant, and the decision to terminate your employment is not based on your injury, your employer may proceed with the dismissal.
  2. Misconduct or Poor Performance: If you engage in misconduct or consistently perform poorly, and this is unrelated to your injury, your employer may have grounds for dismissal.
  3. Contractual or Legal Violations: If you breach your employment contract or violate workplace policies, your employer may consider dismissal.

It is essential to review and consider any termination of employment while you are on worker’s compensation, as it may be considered unfair or discriminatory. There are some other important considerations to keep in mind:

  1. Unlawful Termination: In NSW, it is generally unlawful to terminate an employee’s employment because they have made a worker’s compensation claim or for any reason related to a workplace injury. The Fair Work Act 2009 (Cth) and the Workers Compensation Act 1987 (NSW) provide protections for injured workers.
  2. Fair Work Commission: If you believe you have been terminated unlawfully while on worker’s compensation, you may be able to make a claim with the Fair Work Commission or pursue legal action for unfair dismissal. Any application to the Fair Work Commission for unfair dismissal must be made within 21 days of your dismissal. You must have been employed for at least 6 months before you are entitled to make a claim for unfair dismissal. If you are employed by a small business (an employer with fewer than 15 employees at a particular time), you need to have been employed for at least 12 months before you can apply.
  3. Legitimate Termination: If your termination is for reasons unrelated to your worker’s compensation claim and is in accordance with the terms of your employment, contract, or award, it may be considered legitimate.

If you, or someone you know, has been injured at work, we would be pleased to meet with you to discuss your options at no cost to you. The Independent Review Office (IRO) funds legal advice and services for injured workers in NSW. 

Please contact our friendly team on (02) 4050 0330 to make an appointment with one of our specialist personal injury solicitors.

What happens if I am terminated while on worker’s compensation?

If your employer dismisses or terminates you while you are on worker’s compensation in New South Wales (NSW), We encourage you to contact an employment lawyer as soon as you can, as there are strict time limits that apply to employer/employee disputes, such as unfair dismissal, constructive dismissal and general protections claims. For example, you are required to file unfair dismissal claims with the Fair Work Commission within 21 days of the effective termination of your employment.

Recent Articles

Stay Updated With Legal News
Subscribe To Our Newsletter

This field is for validation purposes and should be left unchanged.