There are many occasions when injuries can occur at work for no reason and not due to anyone’s fault. It is just one of those things, and the Workers Compensation Act is there to provide some initial benefits to assist workers in those situations.
The question however is when do you know when your employer should have done something to avoid the injury.
Negligence is when your employer either should have done something or failed to do something to avoid the accident. Some examples of negligence include:
- Failing to ensure there are guards on machines to avoid injury;
- Failing to make sure the system of work is safe, and
- Limiting the amount of weight a worker needs to lift.
Under the Workers Compensation Act in order to proceed with a claim for negligence, you need to satisfy two elements:
a). You must reach a minimum 15% whole person impairment, and
b). Establish there is negligence.
The first limb is assessed by doctors and is a situation where you either reach the threshold or not. To determine negligence however, it is not as straight forward and you need expert legal advice to assist with determining the issue of negligence.
When working for an employer who sends you to another worksite such as a labour hire company there may be circumstances where another company and not your employer is negligent.
At LHD Lawyers we pride ourselves on having the expertise in identifying negligence in cases. If you have a circumstance and wish to discuss issues of negligence further contact LHD today for an obligation free enquiry.