Attwood Marshall Lawyers’ Compensation Law Senior Associate, Henry Garrett reflects on Workplace Health and Safety Strategies and new initiatives to improve investigations, prosecutions, and support for families impacted by workplace fatalities.
October is national policy body, Safe Work Australia’s National Safe Work Month, a nationwide initiative which has been running for 15 years. The initiative is designed to raise awareness about the importance of work health and safety and encourage individuals and organisations to take preventative action to reduce the number of work-related injuries, illness, and fatalities.
Being healthy and safe at work relates to physical and psychological health. No job should be unsafe, and no death or injury is acceptable.
According to the latest data from Safe Work Australia, in 2023:
- There were 200 fatalities;
- 139,000 compensation claims made as a result of a serious work-related injury or fatality;
- 1 in 10 serious claims were for mental health conditions; and
- Workers lost on average 7.2 weeks off work as a result of a serious work-related injury.
Over three-quarters of work-related fatalities and serious injuries tend to occur in the agriculture, forestry and fishing industries, public administration and safety industry, transport, postal and warehousing industry, manufacturing industry, health care and social assistance, and the construction industry.
The most common causes of a workplace death involve vehicles, falls from height or being struck by a moving object. The incident can be reasonably avoided if there is a safe system of work implemented by the employer, or employees are provided with mandatory safety equipment and training before completing their work duties. Far too often, employers will prioritise their deadline over the safety of their workers. No deadline is worth someone losing their life.
Reducing the incidence of work-related fatalities and serious injuries is a primary target under the Australian Work Health and Safety Strategy 2023-2033.
The strategy aims to:
- Embed good WHS practice in all work, across all industries, cohorts, and hazards.
- Innovate and deepen knowledge of WHS to broaden understanding.
- Collaborate collectively and cooperatively to respond to WHS challenges.
By raising awareness, with national co-ordination, gathering data and intelligence through health and safety leadership to ensure compliance and enforcement, the strategy has some ambitious workplace safety targets including;
- 30% reduction in worker fatalities caused by traumatic injuries
- 20 % reduction in the frequency rate of serious claims resulting in one or more weeks off work
- 20 % reduction in the frequency rate of work-related respiratory disease
- 15% reduction in the frequency rate of claims resulting in permanent impairment
In addition, after consultation with affected workers and their families on how to improve the framework for investigating and prosecuting workplace deaths and serious injuries, work health and safety politicians asked Safe Work Australia to consider current initiatives and reforms to advise what more could be done.
In May this year, Safe Work Australia delivered a report to Work Health and Safety ministers which they hope will guide future discussions on improvements for protocols and support around workplace injuries and death.
“The report highlights the adverse and continued impact a fatality or serious injury has on a worker’s family. Following the death or serious injury of a loved one, families must navigate various regulatory and legal processes, which can increase the intensity and duration of their grief and their ability to adapt to life without their loved one.”
Sinead McHugh, Director, WHS Framework
Henry’s Point of View
We commend Safe Work Australia’s efforts to consult with the very workers and their families who are affected by inadequate workplace health and safety, and we support their efforts to improve investigations, prosecutions, and support for families impacted by workplace fatalities.
We call on all employers and employees to familiarise themselves with the Australian Work Health and Safety Strategy 2023-2033 to ensure a safer work place for everyone.
Acting for someone or a family who has lost a loved one in a workplace incident carries the most responsibility for a personal injuries lawyer than any other case. The pursuit of compensation for the aggrieved family members (including children) and helping them to manage financially is extremely rewarding, but no amount of money can bring back the loved one who tragically loses their life or assuage the emotional loss and grief. Initiatives such as the National Safe Work Month provide a platform to improve the statistics of work-related deaths and educate the new generation of business owners, who can learn from the mistakes of their predecessors.
The impact on injured workers and their families is not limited to fatalities. Serious physical injuries, such as broken bones, amputations, and head injuries all take their toll. Psychological injury is another area that quite often slips under the radar when there are serious physical traumas. People’s lives are turned upside down with permanent ongoing disabilities and there is nearly always something quite easy that could have been done by the employer to prevent the workplace injury.
It’s time for change.
Attwood Marshall Lawyers – helping injured workers access the treatment and compensation they are entitled to
As a leading Compensation Law firm that has been helping injured workers for more than 75 years to understand their rights and obtain treatment and compensation following a workplace accident, we know how much your life can be turned upside down when injured on the job.
Attwood Marshall Lawyers offer a free case assessment to review your claim and explain what you can expect right from the start.
Our lawyers have the experience to take on the big insurance companies and advocate for the rights of workers and their loved ones to get the outcome needed.
We operate on a ‘No Win, No Fee’ basis for all workers’ compensation claims.
‘No-win, no-fee’ means the law firm shares the risk, earning fees only if your claim is successful and you receive compensation. Costs in legal matters typically include professional fees (for legal work performed) and disbursements (e.g. evidence costs, outlays, administrative costs). This arrangement ensures that you don’t face a hefty legal bill if your claim fails, and you don’t have to pay any upfront costs to get your matter underway.
Exceptions can apply in some cases, such as if you proceed to trial and lose your claim, potentially leading to costs being pursued by WorkCover for successfully defending your claim at trial. Most claims, however, are resolved prior to trial during informal negotiations between the parties or at out of court settlement conferences or mediations.
An experienced personal injury lawyer will be able to guide you through the process and advise you on the strength of your claim and when the benefits far outweigh the risks to pursue the claim.
For a confidential discussion about your specific circumstances, please call our Compensation Law Department on 1800 621 071 any time.
Our compensation lawyers are available for appointments at any of our conveniently located offices at Coolangatta, Robina Town Centre, Southport, Kingscliff, Brisbane, Sydney, and Melbourne.
