Glenn Mayell Posted September 30, 2016 Share Posted September 30, 2016 Hi i was wondering if anyone can advise me? I am on a 457 Visa . i had an accident at work in July 2015 and injured my back and Hospitalised working in Construction and had to have an Operation. I have been told by 3 specialists since my operation that i will not be able to go back to my old job and have seen 3 neuro surgeons and have been given a disability impairment percentage of 13% by workcover. ive been on light duties for approx 5 months in the office now and haven't worked full time since July 2015 but now my Work cover payments have stopped. I am loosing 900 dollars a week as i am only doing 6 hrs now. Me my wife and daughter are moving back to UK in Dec, Due to my accident and not being able to stay here financially. My question is can i get any financial help with living costs till we leave and with flights. As will need to fly Business class (just me) as i cannot sit for long periods due to my injury and need to lay down. Any Help would be Greatly appreciated. Quote Link to comment Share on other sites More sharing options...
JimSydney Posted September 30, 2016 Share Posted September 30, 2016 Hi Glenn, sorry to hear about your situation. https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/rights-and-obligations/457-visa-holders-workplace-rights-and-entitlements this link shows your sponsors obligations under the 457 scheme and it does include: pay reasonable and necessary travel costs to allow you and your family members to leave Australia, if requested in writing by you, your family or DIBP on your behalf. I feel you should explain about the need for one business class ticket and see if they will cover it for you. I wish you all the best. Quote Link to comment Share on other sites More sharing options...
Glenn Mayell Posted September 30, 2016 Author Share Posted September 30, 2016 thank you james123456 for your advice much appreciated Hi Glenn, sorry to hear about your situation. https://www.fairwork.gov.au/how-we-will-help/templates-and-guides/fact-sheets/rights-and-obligations/457-visa-holders-workplace-rights-and-entitlements this link shows your sponsors obligations under the 457 scheme and it does include: pay reasonable and necessary travel costs to allow you and your family members to leave Australia, if requested in writing by you, your family or DIBP on your behalf. I feel you should explain about the need for one business class ticket and see if they will cover it for you. I wish you all the best. Quote Link to comment Share on other sites More sharing options...
BacktoDemocracy Posted September 30, 2016 Share Posted September 30, 2016 (edited) Hi i was wondering if anyone can advise me? I am on a 457 Visa . i had an accident at work in July 2015 and injured my back and Hospitalised working in Construction and had to have an Operation. I have been told by 3 specialists since my operation that i will not be able to go back to my old job and have seen 3 neuro surgeons and have been given a disability impairment percentage of 13% by workcover. ive been on light duties for approx 5 months in the office now and haven't worked full time since July 2015 but now my Work cover payments have stopped. I am loosing 900 dollars a week as i am only doing 6 hrs now. Me my wife and daughter are moving back to UK in Dec, Due to my accident and not being able to stay here financially. My question is can i get any financial help with living costs till we leave and with flights. As will need to fly Business class (just me) as i cannot sit for long periods due to my injury and need to lay down. Any Help would be Greatly appreciated. I really think you should get legal advice as it sounds like you have a claim for compensation, don't forget this is going to affect you very long term and impair your earning capacity, once you leave it's going to be difficult to pursue a claim, don't know where you can get free advice, be careful of signing on with someone who takes a percentage of whatever you get. No idea of what the system is in Australia, I'm basing my thoughts on uk system, really sorry you're having such a tough time, try posting on the other parts on here as there are some people who post on those who have wider experience of Australian system. Edited September 30, 2016 by BacktoDemocracy Quote Link to comment Share on other sites More sharing options...
101redroses Posted September 30, 2016 Share Posted September 30, 2016 Hi Glenn Sorry to hear about your accident & the long term impact on your health. I work in HR & strongly suggest you get some legal advice as Workers Comp is very complex. Regardless of that if you are on a 457 visa your employer has a responsibility to pay for the return cost of your airfares. This includes all family members included on the visa. You have to formally request this & the employer is legally obliged to pay. This includes all situations of employment ending including voluntary resignation. I've personally arrangement payments for departing employees so know this is accurate! Sent from my iPhone using Tapatalk Quote Link to comment Share on other sites More sharing options...
Progressive Posted October 17, 2016 Share Posted October 17, 2016 Regardless of that if you are on a 457 visa your employer has a responsibility to pay for the return cost of your airfares. This includes all family members included on the visa. You have to formally request this & the employer is legally obliged to pay. This includes all situations of employment ending including voluntary resignation. I've personally arrangement payments for departing employees so know this is accurate! I just want to chime in to add that this advice is accurate, having recently been through it myself. Many people claim that voluntary resignation waives this requirement but it absolutely doesn't, as is prescribed by DIAC. The key is formally requesting it in writing (signed letter to HR is the best way in my opinion). I booked my own (financially competitive) flights for all people on my visa and my employer paid up without question. Good luck. Quote Link to comment Share on other sites More sharing options...
ali Posted October 17, 2016 Share Posted October 17, 2016 The employer may only cover the cost of economy flights and you may have to pay the additional cost for the business upgrade.. We have seen on the forum here in the past that employers have booked the cheapest and not the most convenient flights for people - hope yours is reasonable. Quote Link to comment Share on other sites More sharing options...
suesmalls Posted October 18, 2016 Share Posted October 18, 2016 Hi @Glenn Mayell you may also have a claim against your superannuation - for Total & Permanent Disability (TPD) - you can do this yourself but legal assistance is beneficial. They will charge you and will take case on for a fee of the payout. This doesn't exclude your rights to workers compensation. You would have got superannuation payments on your behalf from your employer (or like me they take it from your day rate/hourly rate). Either way you will have some funds put aside. Also on superannuation - if you're a 457 and leaving Australia you can claim and get the superannuation fund paid out - there may be different tax implications on the pay out so you may decide one option is easier and quicker than the other. You can look this up on Australian Tax Office (ATO) website. I would definitely pursue workers compensation given your long term projection of work is now affected. Take care Quote Link to comment Share on other sites More sharing options...
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