Medical Incapacity

Medical incapacity refers to a situation where an employee is unable to perform their duties due to a medical condition or illness. Under the Workers' Compensation and Rehabilitation Act 2003 (Qld), an employee who suffers a work-related injury or illness may be entitled to compensation and other benefits. 

If it is work-related, an employee may also be entitled to make a workers' compensation claim if their medical condition.

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If the employee's medical condition is likely to be permanent and/or they are unable to perform their duties, the employer may consider terminating their employment on the basis of medical incapacity. An employer must consult with their employee before making the decision to terminate and follow a fair and reasonable process. 

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If you're employer is considering medically incapacitating you, get some advice to see whether the process is fair and reasonable. If you are unfairly terminated, you only have 21 days to raise it. 

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