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Council guilty over childcare worker’s injury claim delay

A council in Melbourne’s north has been sanctioned after pleading guilty to failing to lodge an early childhood educator’s compensation claim for injury benefits within 10 days of receipt.

Banyule City Council was placed on a 12-month adjourned undertaking at Heidelberg Magistrates’ Court, and ordered to pay $2500 to the court fund and costs of $1500.

WorkSafe Victoria, the workplace health and safety regulator, found the educator submitted a certificate of capacity and a signed copy of her claim form on September 21 2022. She had injured her hip and lower back when she tripped over a water pipe at the council’s Heidelberg West childcare centre that month.

The claim form was lodged the day before two public holidays, and the council’s Return to Work Co-ordinator 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.

The educator then turned to WorkSafe and was advised to submit her claim directly to the agent; it was ultimately accepted.

WorkSafe Executive Director of Return to Work Victoria Jason Lardelli says there is 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,” he said. “That includes lodging the appropriate claim forms without delay so workers can access the care and support they need, right through to supporting injured workers when they are ready to return to work.”