Workers obligations

Under a number of pieces of legislation administered by Workplace Standards Tasmania, workers or employees have obligations.  

Under the Workers Rehabilitation and Compensation Act 1988, the worker must give notice of the workers compensation claim as soon as is practicable and before voluntarily leaving employment (sections 32 and 37 of the Act), and make a claim within six months of the injury (sections 34 and 38 of the Act). A claim includes both the worker's report (old Form 1) and medical certificate. Both forms are to be 'approved by the Board' (section 34 of the Act).  

Employers who refuse to accept a claim form from a worker or dismiss a worker because of the claim are guilty of an offence under the Act and that offence carries a maximum penalty of $5000 (section 36(3) of the Act).  

Under the Workplace Health and Safety Act 1995, section 16 places obligations on employees as well. Employees have a duty to act responsibly and perform their work in accordance with safety standards applied and directions given by their employer, the Regulations, or relevant codes of practice. They are expected to take reasonable care to protect the health and safety of themselves and others, including persons whose work they may be supervising. Similarly, penalties apply for a breach of this section of the Act. Employees convicted of an offence can face fines up to $10,000.