Assaulted At Work Compensation Claim Queensland
Anyone who is subject to physical or verbal assault, or even the fear of an assault, may be eligible for compensation under a WorkCover assaulted at work compensation claim.
Am I entitled to workplace violence claim in Queensland?
Workplace assault can be physical or verbal. It can also fall into these three categories of perpetrator:
- An unprovoked violence act that was committed by an individual that did not have any link to the company (eg: a thief),
- An unprovoked violence act that has been carried out by a client, patient, or customer, or
- An unprovoked violence act that has been committed by a person that has a link to the business (for example: a co-worker, delivery person, or employee’s spouse)
Incidents of workplace violence may arise due to negligence on behalf of the workplace, or employer. Examples of this may include:
- Working alone or understaffed,
- Ignoring previous violent behaviour from another member of staff, patient or client who has committed violent acts in the past (or about which they could have easily found out) but fails to take any or adequate action,
- If a place of work has been subject to a series of robberies in the past but no extra security measures are taken and a member of staff is injured in a subsequent robbery, or
- Lack of training or PPE (Personal Protective Equipment)
Usually there will be state or insurance provided compensation for the victims of assault, however if the claim is substantial, you may need to claim directly from the perpetrators assets.
In claims against another individual’s assets, you will need to take the claim to court and proceed with necessary legal action. Due to the criminal aspect of assaults, your claim will involve a criminal proceeding.
Some cases of assault are clear cut, while others require thorough investigation, always consult with the appropriate legal and medical professionals.
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