hi my name is ***** ***** was born with club feet now im diagnosed…

Hi, just reading your query...

I assume your employer has stood you down without pay until the occupational health assessor can be booked to provide an assessment - is that correct?

How long has it been since your employer stood you down?

Occupational Health and Safety requirements

Employers have obligations under Victorian occupational health and safety (OHS) legislation, including to provide a safe work environment. Employers need to consider their obligations under OHS legislation when planning a worker’s return to work.

There are State and Commonwealth discrimination laws that require employers to make reasonable adjustments to hours, equipment and conditions to accommodate a worker’s injury or illness regardless of its cause, nature or permanency. These laws apply to all workers, whether full-time, part-time, temporary, permanent or casual. It may be unlawful discrimination to treat any worker less favourably at work because of their illness or injury, or allow them to be treated less favourably by others.

It appears to me that you are being treated differently to how you would be treated if you injury occurred "at work"... but this should not be the case, you are entitled to be treated the same regardless of the cause of your injury...

your* injury..

Your union rep's should be helping you... I do not know why they have not been responding.

Here is some general reading about your human rights when returning to work...

http://www.victorianhumanrightscommission.com/www/self-select/returning-to-work-after-injury-or-illness

Supporting an injured worker to return safely to work as quickly as possible makes good business sense. An ‘injured worker’ includes a person with a temporary or permanent disability, physical or otherwise.

Getting back to work can reduce the financial and emotional impact on a worker and their family, and can be an important factor in helping them recover and return to normal life.

However, a worker should be given sufficient time to recover from the injury or illness and not feel pressured into returning to work.

When the worker does return, an employer should ensure that they are given appropriate duties and assistance while they recover from the injury or illness. This might include making reasonable adjustments to the workplace, although these should not cause the business unjustifiable hardship.

One of the most common complaints to the Commission is that employers refuse to consider letting employees return to work on reduced duties or before they are fully recovered. Instead, employees are told, “we are not going to accommodate you” or “we have no suitable work for you based on your statement of capacity”. But a requirement that a worker must be fully fit before returning to work may be unfavourable, depending on the circumstances.

Employers have an obligation to help the employee return to work and to ensure that they are not treated unfavourably because of their injury or illness.

In Victoria, it is against the law to discriminate against an employee because of an injury or illness, including a work-related injury

Under the Equal Opportunity Act 2010, employers have a positive duty to take reasonable and proportionate measures to eliminate discrimination, sexual harassment and victimisation as far as possible.

Employers are legally responsible for acts of discrimination, bullying and harassment, sexual harassment, victimisation and racial and religious vilification by their employees or agents that occur in the workplace or in connection with a person’s employment, unless they can show they have taken reasonable precautions to prevent such acts.

If your job has contributed to your injury, you may have a WorkCover claim. I recommend you talk to your Doctor to determine whether this may be the case or not. If so, you will need to make a claim with WorkCover.

Your next step is to write to your employer requesting action on your Doctor's request for a occupational health assessment. Noting how long ago the request was made, and requesting a booking be made within the next 7 days.

If your employer does not take the necessary steps, then my suggestion is to discuss your options with the Vic Human Rights Commission. Details above.

Ok, I will not interfere with the advice from your Doctor, I just needed to ensure you had this discussion with your Doctor.

Glad to be of assistance. Please accept and rate my response before leaving the chat. Cheers, James.