I was fired two working days after handing my boss a workers comp medical cert for piercing my thumb with a dirty instrument in a dental surgery what are my rights?
Answers:
Employers can fire you at any time. You are then able to sue them if you have a case.
One thing you will need is an independent witness to your claim that he pierced you with the instrument and then evidence from a doctor that you have an injury consistent with your claim.
You need to ensure you have enough evidence before even considering taking action as he will have full insurance to cover his court costs and if you loose all costs will be born by you.
Common sense is what is required here no matter how riled up you may be.
Talk with a lawyer.
WC laws vary from state to state, but in this case they are generally the same.
Simply filing a WC claim doesn't prevent your boss from firing you unless the reason for the firing was because you filed the claim. That is very tough to prove unless you have it in writing or someone was a witness to him saying he fired you because of the WC claim.
In any case, you still have a right to any and all WC treatments regardless of your employment status.
He had no option
You cannot handle the equipment safely, and he could be liable if a patient becomes infected.
The comp claim can only go 2 ways,
no infection equals no money
Infection equals he has to pay anyway, and you still couldn't work for him
Although you were technically right to file a claim, it was a stupid career move,
You need to get onto the Workplace Ombudsman. Or write to John Howard or one of his mates. They cannot legally sack you for being injured at work. But these laws that govern workplace relations leave you wide open to this sort of treatment. The Ombudsman is the only option for you I am afraid. Next time you get a job - join a union. This is the site you need:
http://www.wo.gov.au/asp/index.asp...
Good luck.
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