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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5361
Experience:  Dip Law LPAB - Sydney based lawyer
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If an employee declares to s employer that he has been

Customer Question

If an employee declares to his employer that he has been diagnosed with major depression and anxiety disorder and can he please get some assistance from the company whilst living in a country town where options for help are limited, but the employer refuses to the point where he ends up begging for food for himself and his kids. The employer has a case to answer , don't they
Submitted: 1 year ago.
Category: Australia Law
Expert:  Patrick H. replied 1 year ago.

Whilst employers may have a moral obligation to help their staff in a situation such as you describe, they do not have a legal obligation to assist staff with health issues beyond allowing them sick leave in accordance with their employment contract or award, UNLESS, the health problems arose in connection with the work, in which case the worker may be entitled to workers compensation assistance.

If you think your health issues relate to your work you may be entitled to bring a worker's compensation claim and you should contact WorkCover to discuss your situation:

http://www.workcover.wa.gov.au/

I trust the above assists your understanding.

PLEASE RATE MY ANSWER.

Patrick

Customer: replied 1 year ago.
This is a unique case. The mental illness was caused by work and living in an isolated mining town away from his kids, after exhausting all of his sick leave etc the mining company gave him no financial assistance what so ever , to the point that he could not afford to put food on the table. no one from the company came around to his house to check if he needed some assistance at all for two months!
Expert:  Patrick H. replied 1 year ago.

Was he a contractor or an employee?

Did his doctor express a view that it was related to his work? When did this occur?

Expert:  Patrick H. replied 1 year ago.

For some reason there was a problem with your payment to Justanswer, which means they won't pass on your phone number for me to call you. You may need to reprocess your payment or contact Justanswer customer service to try to fix this.

Expert:  Patrick H. replied 1 year ago.

Alternately you could just continue to deal with me online.

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