When is an employer at risk of a personal injury claim? Rolf Howard, Managing Partner at Owen Hodge Lawyers outlines the situations that could lead to a claim.
When an employee is injured at work as a result of negligence on the part of the employer, the employer can be liable as part of a personal injury claim. This can be a complex and expensive journey.
Personal injury claim risks
It’s important employers understand their obligations and take steps to keep staff safe in the workplace.
What is personal injury law?
Personal injury law in Australia is a complex area of law that deals with the legal rights of people who have been injured as a result of the negligence of another person or organisation.
Employers have a duty of care to their employees to provide a safe working environment, and if an employee is injured as a result of a breach of this duty of care, the employer may be liable for damages.
There are a number of different types of workplace injuries or illnesses that could put an employer at risk of a personal injury claim. Some of the most common examples include:
Slips, trips, and falls
Slips, trips and falls are the most common type of workplace accident, and they can result in a variety of injuries, including broken bones, head injuries, and spinal cord injuries. Employers can reduce the risk of slips, trips, and falls by maintaining a clean and safe work environment, installing appropriate safety devices, and providing adequate training to employees.
Machinery accidents
Machinery accidents can result in serious injuries, such as amputations, burns, and crush injuries. Employers can reduce the risk of machinery accidents by providing adequate training to employees, installing appropriate safety guards, and maintaining machinery in a safe condition.
Exposure to hazardous substance
Exposure to hazardous substances can cause a variety of health problems, including respiratory problems, skin problems, and cancer. Employers can reduce the risk of exposure to hazardous substances by providing employees with appropriate personal protective equipment (PPE), training employees on the safe handling of hazardous substances, and developing and implementing safe work procedures.
Repetitive strain injuries (RSI)
RSI is caused by repetitive movements or tasks. These injuries can affect any part of the body. Employers can reduce the risk of RSI by designing workplaces and tasks to minimise repetitive movements, providing employees with breaks and rest periods, and training employees on how to avoid RSI.
Bullying and harassment
Bullying and harassment can cause a variety of psychological problems, such as anxiety, depression, and post-traumatic stress disorder (PTSD). Employers can reduce the risk of bullying and harassment by developing and implementing a workplace bullying and harassment policy, providing training to employees on bullying and harassment, and investigating and responding to complaints promptly.
Work-related stress and burnout
Work-related stress or burnout can cause a variety of physical and psychological problems, such as headaches, fatigue, and heart disease. Employers can reduce the risk of work-related stress and burnout by providing employees with a supportive work environment, offering flexible work arrangements, and providing training to employees on stress management.
What are an employer’s obligations in regard to workplace safety?
Employers have a number of obligations in regard to workplace safety under WHS law and personal injury law. These obligations include:
- Providing a safe working environment
- Providing adequate training and supervision
- Maintaining machinery and equipment in a safe condition
- Taking reasonable steps to prevent workplace accidents and injuries
- Investigating and responding to workplace accidents and injuries promptly
- Reporting serious workplace accidents to the relevant authorities
When do workplace injuries or illnesses warrant a personal injury claim?
Many illnesses and injuries that occur within or as a result of the workplace will be covered by Workers’ Compensation. However, an employee may also be able to make an additional personal injury claim.
In order to succeed in a personal injury claim, the employee must be able to prove the following:
- The employer owed the employee a duty of care
- The employer breached that duty of care
- The breach of duty of care caused the employee’s injury
The duty of care that an employer owes to its employees is a broad one. It includes the obligation to:
- Provide a safe working environment
- Provide adequate training and supervision
- Maintain machinery and equipment so it is safe and compliant
- Take reasonable steps to prevent workplace accidents and injuries
If an employer breaches its duty of care to an employee, and the employee is injured as a result, the employer may be liable for damages. The types of damages that an employee may be able to claim include:
- Past and future medical expenses
- Lost income
- Pain and suffering
- Loss of enjoyment of life
Final words
It’s important employers are aware of the risks of a personal injury claim and put in WHS measures to prevent injuries and illnesses from occurring. Additionally, they should ensure they have the right insurance in place to cover the costs of personal injury claims as well as seek legal advice both when putting in place a risk management plan.
