Every worker should be able to go home safely at the end of the working day. Compensation Law Senior Associate Yasmine Chalvatzis explains what employers must do to keep people safe, the steps workers can take to protect themselves, and what options are available if a workplace accident happens.
October is National Safe Work Month, and this year’s theme “Safe Work is for Life” reminds us that a workplace injury can have consequences that extend well beyond the workplace, affecting a person’s health, their ability to work and the people who depend on them.
More than 400 serious workers’ compensation claims are made every day across Australia, and older workers are among those recording the highest rates of serious claims. Many of these injuries can be prevented when employers meet their obligations, and when workers know what to do if they have a concern.
Here, we look at how a workplace injury can impact your life and why it is so important to seek help early if you are involved in a workplace accident.
What employers must do
Employers have a legal duty to provide a safe workplace. In practice, an employer must identify reasonably foreseeable hazards that could give rise to a health and safety risk and eliminate that risk so far as is reasonably practicable.
Under Section 19 of the Work Health and Safety Act 2011, every employer must provide:
- Appropriate inquiries to ensure the site is free from hazards,
- Adequate direction and supervision,
- Safe and appropriate equipment,
- Training, including an induction when a worker first starts, and
- Adequate policies.
These are the basics of the obligations an employer owes to every employee. Employers must also document incidents and report serious incidents to Workplace Health and Safety authorities within strict timeframes. A failure to document and rectify hazards can lead to severe penalties.
What workers can do
Section 38 of the Work Health and Safety Act 2011 sets out the duty to notify. If someone is injured at work, the first step is to report it to their supervisor. The employer must be notified and the report should be in writing. That can ultimately determine whether a WorkCover claim is accepted later, because an employer may argue that they did not know about the injury.
Once the employer is aware, the next steps are to take photographs or video of what happened, where possible, identify any witnesses, and visit a doctor to ensure the injury is reported and immediate treatment received.
Injuries that develop over time
Not every workplace injury is caused by a single event. Some injuries develop gradually over months or even years, and people may not immediately realise their work is contributing to the problem.
These are often referred to as “over period of time” claims and can include back injuries caused by years of physical work, hearing loss, repetitive strain conditions such as carpal tunnel, and psychological injuries resulting from ongoing harassment or bullying.
With a psychological injury, it can take months to realise what damage has been done. We need to protect the earliest possible date the damage may have occurred, and the most important part of that is showing the employer was on notice. Emails, communications and reporting that you are experiencing stress, bullying or harassment all help.
With repetitive physical injuries, we look at what went wrong in the way the activity was carried out. Were there regular breaks in place? Was the correct equipment provided?
If you are experiencing pain from doing an activity repeatedly, go to the doctor, have that conversation and make it known that something could be happening.
When obligations are not met: real cases
When safety obligations are not met, the consequences can be serious for workers and employers alike. Workplace Health and Safety Queensland prosecuted Drake Trailers Pty Ltd after a worker suffered a serious ankle fracture when a reversing forklift hit him in an area with no clear pedestrian safety measures. The company had not made the necessary improvements after a previous forklift incident at the site years earlier. It was fined $75,000 and a conviction was recorded for breaching its duty of care under the Work Health and Safety Act 2011.
In a separate matter that we assisted on, an employer failed to provide adequate training and supervision for workers operating machinery. This oversight led to a serious hand injury for one of the employees. Following an investigation, the employer was required to implement comprehensive safety training and update their procedures.
The outcome of this incident led to the establishment imposing an enforceable undertaking, which included ongoing monitoring and reporting requirements, as well as a substantial financial contribution towards safety initiatives. This outcome not only improved safety standards at the workplace but also served as a reminder of the importance of proactive compliance with work health and safety laws.
These examples underscore the need for all employers to regularly review and update their safety systems, provide appropriate training, and address any identified risks without delay. Taking these steps is essential to protect workers and to avoid the serious legal and financial consequences that can result from non-compliance.
What an injury can mean for your income
The financial impact of a workplace injury adds another layer of stress to the physical or psychological challenges an injured worker is already facing. In Queensland, when a worker first receives workers’ compensation payments, they receive 85 per cent of their normal weekly earnings for the first 26 weeks. After that, payments reduce to 75 per cent and can stay at that level for up to two years.
For many families, that reduction in income can have a significant impact, particularly with current cost-of-living pressures. The financial strain can be even greater for workers who regularly relied on overtime or additional hours before injury.
At the two-year mark, payments generally stop unless a worker is assessed with a permanent impairment of at least 15 per cent. Payments may continue for up to five years depending on if their condition is not yet stable and stationary when assessed, however, a worker’s wage will be capped at 75 per cent of their normal weekly wage.
The wages can cease when that threshold is not met, even if the worker may not be in a position to return to their pre-injury role or to any role at all.
A condition may be stabilised, but that does not mean the person is going to be over this hurdle anytime soon.
Age can also affect a claim. Someone in their 60s has roughly seven years before retirement age, which can be a factor, but it does not mean they will not be compensated. That is why we encourage workers to report an injury promptly and seek advice on their prospects early on, especially if they are later in their working life.
Do not let fear stop you from making a claim
Many injured workers are understandably worried about what might happen if they make a workers’ compensation claim.
They may be concerned about upsetting their employer, putting their job at risk, or feel they should soldier on. However, workers’ compensation insurance exists for exactly this reason – to support workers when they are injured or become ill because of their work.
Under the Workers’ Compensation Act, injured workers may be entitled to statutory benefits, including compensation for lost wages, and costs for medical treatment and rehabilitation. This support is aimed at helping ease some of the financial pressure while you recover and, where possible, work towards returning to work.
If you cannot return to work, or if your injuries are so severe that you can never go back to your pre-injury role, there may be further legal avenues available, including the possibility of a common law claim. This is where it can be valuable to seek legal advice about your circumstances and understand what you may be entitled to claim.
Key takeaways
- Employers should identify reasonably foreseeable hazards, eliminate risk, and provide a safe system of work.
- Employers must enforce safety policies, document every incident and act on hazards after an incident.
- Workers should report any injury or hazard to their supervisor immediately, in writing.
- Take photographs or video, note any witnesses and see your doctor as soon as possible.
- Do not ignore pain or stress that builds up over time. Raise it early.
- Get advice on your prospects if you have been injured, particularly later in your working life.
Attwood Marshall Lawyers – helping injured workers access the treatment they need and compensation they are entitled to
We understand how much a workplace injury can change a person’s life, and we are here to help at every stage. Whether you need assistance with a WorkCover claim, a review of a rejected claim or a common law claim, our dedicated Compensation Law team will fight for you to get the treatment and financial security you deserve.
Contact our Compensation Law Paralegal Nakeisha Zambetto on direct line 07 5506 8234, email nzambetto@attwoodmarshall.com.au or call our 24/7 phone line on 1800 621 071 to find out where you stand. You can meet with our Compensation Lawyers at our offices in Coolangatta, Robina Town Centre, Kingscliff, Brisbane, Sydney and Melbourne. Book online now.
