When injured at work, an employee might feel threatened in terms of their job security or financial security, they may not understand the process, or they may feel that their injury isn’t considered to be a legitimate claim. An employer may feel that the claim is not legitimate, that the worker was at fault, or fearful of the additional expense of having a worker on compensation. 

When parties are in dispute, they become separate entities, often disenfranchised or disengaged. When this occurs, it’s hard to return to the teamwork needed to best deal with a claim. It’s important, when possible, to avoid disputes.

WHAT SHOULD EMPLOYERS DO TO PREVENT CONFLICT? 

Before an injury occurs

Ensure that staff are informed of their rights and obligations under the worker compensation process, and reiterate that the system exists as a support mechanism for them.

Information might include the importance of reporting injuries quickly, how to lodge a claim, how to report a problem and an explanation of the process involved in assessing a claim. The organisation may also wish to provide workers with written copies of their incident reporting policy and return to work policy.

This information can provide workers with a sense of certainly and confidence that they will be treated well should they be injured.

When an injury occurs

After handling the initial medical requirements of an injured worker, the RTW Coordinator should consider taking photographs of the scene, as well as interviewing and taking statements from witnesses to the incident. Ensuring that the facts are gathered early may prove to be important further down the track should a dispute arise.

After an injury occurs

The key to preventing disputes following an injury is communication.

The employer or RTW coordinator should communicate with the injured worker early in the process, making sure that the worker feels valued and cared for by the organisation. 

Questions can be asked about what has occurred, but the manner in which this is done can make a substantial difference.  Most of us have experienced being questioned in a polite and non-confrontational manner, versus a style that leaves us feeling not believed or belittled.  The former is the best approach!

Track down information if needed.  It is not uncommon for the employer not to believe the employee’s statement about the duties they were doing at the time their condition developed.  But some detective work may identify circumstances out of the ordinary, and that the first assumptions have been incorrect.  

Ongoing communication is best continued regularly, around once each week. Good information leads to good decisions being made. Regular communication also ensures miscommunication is minimised.  It is easy to assume, we all do this, but mistakes occur and can be the source of relationship breakdowns, as mistrust fosters separation 

Importantly, it is best that the injured worker’s supervisor provide support and not suspicion. This is particularly important as it shapes the worker’s expectations regarding the whole process.  If the supervisor does not believe or trust the worker, the issues should be discussed and questions answered.  It’s a natural inclination to show our views in our body language.  Encouraging the supervisor to address issues in an open manner is likely to improve communication and lessen the likelihood of unnecessary disputes.  

If a claim is not going to be accepted, it is still important to maintain a good relationship with the worker.  This is best done by a fair process.  If a dispute seems unavoidable, consider seeking support. This could include a dispute resolution service, experienced in negotiation and managing disputes in a calm and balanced way.

A series of tips on effective handling of workplace conflict can be found here. 

The best prevention

The best option for avoiding compensation disputes is to ensure that the workplace is safe in the first place. Safe workplaces mean less claims and therefore fewer disputes.

Employers are well advised to have written safety procedures and return to work policies, as well as conducting regular meetings on safety to reiterate its importance. Hold employees accountable if safety procedures aren’t adhered to to encourage safe actions in the workplace, and track near-misses and take action to avoid future incidents.