Banyule City Council faces court after failing to lodge ECEC worker’s injury claim

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

The case related to an early childhood education and care (ECEC) employee who submitted a claim after injuring her hip and lower back when she tripped over a water pipe at an ECEC service operated by the council. 

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 the worker submitted a certificate of capacity and a signed copy of the claim form on 21 September, the day before two public holidays, and that 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.

Executive Director of Return to Work Victoria Jason Lardelli said there was no excuse for employers 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.”

The council was, without conviction, placed on a 12 month adjourned undertaking and ordered to pay $2,500 to the court fund as well as costs of $1,500.

For more information about lodging a claim in Victoria, visit worksafe.vic.gov.au/claims or contact WorkSafe’s advisory service on 1800 136 089.