What is negligence at work and how can it be prevented

July 31, 2014 By

Employers have a duty of care to their workers and need to ensure workplace safety. Whilst not all accidents are avoidable at work, employers need to take every reasonable measure to ensure any potential accidents are avoided. These precautions may include the following;-work safety work compensation

  • Workplace inductions for new staff
  • Safety precautions and procedures including work wear
  • Expected responsible work place conduct and behaviour

Examples of such cases include safety harnesses, hardhats and other safety clothing that must be worn in certain areas during certain tasks.

Work accidents happen

Work accidents do happen. When they occur the issue that is raised is one of ‘negligence’. Did an employer neglect their duty of care? It is a complex subject and one that a lawyer explores in further detail. An accident has many circumstances that need to be considered and taken into account. Everything needs to be reviewed and the right questions need to be asked. To get the right advice regarding your work accident call 1800 006 766

Negligence is far from black and white for every case is different. It may seem there wasn’t any negligence but when an accident is ‘preventable’ there may well be some negligence present. Employers have duties that may not be obvious and it is the job of a good lawyer to determine whether or not there has been negligence and who is deemed negligent.

Discussing negligence with your employer

Discussing negligence with an employer is generally not recommended. Speaking to an independent party such as a work compensation injury helpline or a reputable lawyer is recommended. What you need is an independent and unbiased review of your situation and the circumstances surrounding your accident. Getting to the bottom of the cause of an accident will determine where the negligence lies and who may be to blame or at least partially to blame.
Even if you think a work accident is your fault, never take the blame until you have discussed the accident with an independent party. There may be other factors that contributing to gthe accident occurring that had nothing to do with you.

Always seek advice

When you have had an accident always seek the advice of an injury helpline. They will put your mind at ease in terms of what you need to know and what you need to do. You will also find out where you stand legally and what work compensation you may be entitled to under the law in your State or Territory. Get the right advice today call 1800 006 766.

Filed Under: Work Compensation Info Tagged With: , ,

Slips, Trips and Falls in the Workplace are Usually Due to Negligence

August 17, 2012 By

A slip trip or fall in the workplace can leave a worker with often quite serious workplace injuries. An employee may be off work for several weeks or months.

If an employee has suffered a workplace accident, they are entitled to work compensation regardless of who is at fault.  Usually in a slip trip or fall case, someone has been negligent.

If a worker is making an injury compensation claim, it is also extremely wise to seek legal counsel. A work injury lawyer can offer invaluable advice making a real difference to the outcome of your case.

If you have suffered a trip slip or fall at work, or in a public place contact us or call 1800 006 766.

Finding  solicitor waho specialises in slip trip or fall cases or indeed any workplace accident can be a task in itself. An injury helpline such as the Australian Injury Helpline can point you in the right direction. Helpline providers have a list of specialist lawyers offering free legal advice and take cases on a no win no fee basis.

Trip and falls at work are a common kind of workplace accident. Such accidents can occur under a variety of circumstances. Even in relatively safe workplace environments, such incidents can still occur. Types of slip trip and fall accidents include;

  • Falling down stairs
  • Tripping over an obstacle on the workplace floor or in a doorway
  • Slipping on a wet floor
  • Falling off office chairs, scaffolding etc.
  • Items falling from above such as shelves, files or boxes

Typical injuries from a slip trip or fall at work include sprains, broken bones, back injuries and head injuries. Such injuries can be permanent affecting a worker for the rest of their life.

Determining negligence is the job of a lawyer. When it comes to determining negligence, no case is black and white. The right questions need to be asked of the right people and evidence needs to be gathered. To discuss your matter with a lawyer call 1800 006 766.

Work compensation will cover all medical costs and the cost of rehabilitation and cover your wages or salary while you are away from work.  An experienced work injury lawyer may be able to fight for much more than just past losses and expenses.

An experienced lawyer may prepare a common law claim. A common law claim is a separate claim outside of workers comp in which a case for negligence is presented. If you are eligible to claim you may also be awarded future losses and expenses (or future economic losses). In addition you may be awarded a lump sum payment for your pain and suffering.

A work injury lawyer can assist an injured worker by fighting for everything to which a worker is entitled.  This may mean a greater amount of injury compensation is awarded as the future is also taken into account.

Many work injury lawyers take cases on a ‘no win no fee’ basis. This usually means there are no up-front or ongoing costs. Be careful when choosing a no win no fee lawyer. It is always best to go with one recommended by an independent organisation such as the Australian Injury Helpline.

Slips trips and falls at work can have devastating consequences. Quite often a worker can feel ashamed, embarrassed and feel it is their fault. It is important to stop and ask the question – could this injury have been prevented? Why did it happen and is anyone to blame?

A slip trip or fall can happen to anyone whether at work or in a public place. Compensation benefits assist with recovery and losses past, present and future. If an injury could have been prevented there is negligence involved. Employers have a duty to ensure safety at work and when conditions have been unsafe causing an injury, this truth needs to be addressed.

Remember, even if your slip trip or fall happened in the last three years you may still have rights. Never accept an offer of a lump sum from a work compensation insurer such as Work Cover until you have obtained independent advice from an injury helpline or work injury lawyer. For further information contact us on 1800 006 766.

Filed Under: Workers Comp News Tagged With: , , , ,

Would you snitch on a friend?

August 9, 2011 By

What would YOU do if your friend who is also a fellow worker caused an workplace accident?Workers Comp Work Injuries Dilemma

Whilst most of us would never want to snitch on a friend for fear they may be reprimanded or worse ‘sacked’ there is of course a shared duty of care shared among fellow workers. There is also the possibility you may lose them as a friend if you come forward with the truth.

However, when a worker has caused a workplace accident, the injured victim and your employer has a legal and moral right to know.

Firstly, it can affect their work compensation entitlements in a huge way. If the accident has caused a permanent injury they may be entitled to a common law claim. A common law claim (or negligence claim) is an award available outside of work compensation. It is a claim that takes into account future losses as well as past. For example, if your friend can never work again he or she may be awarded future loss of earnings under common law.

Call 1800 006 766 and You May Maximise Your Compensation Claim Ten Fold!

When a co-worker is negligent it means the permanent injury was caused by negligence. In order for a fellow worker to pursue a common law claim, negligence MUST be clearly proven for the workplace accident.

If your fellow worker who caused the accident chooses not to come forward, it may mean the injured worker gets awarded less work compensation.
A negligence claim is usually worth much more than a standard lump sum from a workers comp insurer (i.e. work cover) and can really help a person get their life back on track following a serious injury. They may have to modify their home, their car, and incur expenses such as rehabilitation and wheelchairs.

Workplace injuries or workplace accidents can have a fatal impact on a persons’ life, so if you know your colleague caused the accident don’t we have a moral obligation to do the right thing?

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