3.13 Workers’ Compensation Leave

3.13 WORKERS’ COMPENSATION LEAVE

3.13.1 Leave associated with a work-related injury causing an incapacity for work shall be determined in accordance with the relevant legislation in the State or Territory in which the staff member is normally located; and the University’s Workers’ Compensation and Workplace Rehabilitation Policy and Procedures.

3.13.2 Common Law Action by Injured Workers

3.13.2.1 If a staff member pursues a common law claim in relation to the injury, either against the University or another entity, the University shall be informed of such action and provided with details of the action.

3.13.2.2 If as a result of such action, damages are awarded to the staff member, the staff member shall repay any make-up pay or other payments made by the University, provided the sum awarded includes damages for loss of income.

3.13.2.3 If the amount of damages awarded is decreased by a judgement of contributory negligence by the staff member, the staff member shall repay an equivalent pro rata amount to the University having regard to the judgement of contributory negligence.

3.13.2.4 A staff member may use personal (sick) leave credits to cover any absence relating to their injury, providing this personal (sick) leave is not used concurrently with workers’ compensation leave under this Agreement.