Workplace Injuries and Death: Safe Work Australia 2021 National Statistics
Each year Safe Work Australia compile national statistics from across the country on the incidence of workplace injury and death.
We have set out a number of key findings relating to work-related death, physical and psychological injuries.
Criminal Law Assault vs Civil Law Trespass to Person
We are commonly asked whether a victim of physical, sexual and/or psychological abuse must first succeed in criminal prosecution before they can pursue a damages claim.
The short answer is no. You can pursue a common law damages claim regardless of whether or not the perpetrator has been criminally prosecuted.
Unidentified Perpetrators of Abuse in the context of Institutional Child Abuse Claims
Institutional abuse is when an organisation is responsible for sexual, physical, or emotional abuse of a person or child. Institutional abuse claims are usually based upon a claim of negligence by an organisation such as a school, youth detention centre, government department, or a religious institution.
The Human Factor in Road Traffic Accidents
From 1 January 2022 to 23 October 2022, there have been 224 fatal crashes and 238 fatalities. One of the saddest truths about car accidents is that most of them are entirely preventable.
Workplace Injuries - Farm Safety in Focus
In Queensland, agriculture, forestry and fishing workers had the highest fatality rate of all work sectors according to the latest Work-Related Traumatic Injury Fatalities report published by Safe Work Australia.
Work injuries, the duty of disclosure, and fraud – Don’t risk it
The incidence and cost of fraud by employees, employers and service providers in workcover schemes across Australia is generally accepted to be low or minimal, however can be costly.
Motor Vehicle Accident Injuries: when “minor” impact doesn’t mean “minor” injury.
Involvement in any car accident can be a traumatic and painful experience. No matter how “minor” the impact or how minimal the damage is to the vehicles, you can still suffer painful and serious injuries (both physical and psychological) as a result of a collision and be entitled to recover compensation.
Caravan Chaos for Consumers
The ACCC has reported a rising number of complaints received about caravans over the past 5 years, including delays in supply and repairs, misrepresentations about performance capabilities, tow-weight, the availability of repairs, and warranties and their impact on consumer guarantees, and quality issues with caravans and their components.
Part 2: Social media as evidence
More than 20.5 million Australians use at least one form of social media such as LinkedIn, Facebook, Instagram, Twitter etc. As we touched on last week, as social media has become more prevalent in society, it has become more relevant in our legal system. This week we look at some actual decisions from the Courts were social media posts were used as evidence.
Part 1: Social media as evidence
People posting comments, photographs and videos on social media often do so in a manner that paints them and their lives in the most positive way (including, at times, in a way that suggests life is going better than it is).
But what happens when you suffer an injury or illness and pursue a compensation or insurance claim? Can your social media usage have an impact? The short answer is yes!
Intoxication and Motor Vehicle Accident Claims
We all know that drinking alcohol can affect our judgement, vision, coordination and reflexes, and so it comes as no surprise that when mixing drinking with driving, cycling or even sometimes even just being a pedestrian, it can increase the risk of an accident occurring.
Sexual Harassment Part 2: Know your rights (claim process)
As we touched on last week, the Queensland Human Rights Commission holds jurisdiction in relation to complaints of sexual harassment made under the Anti-Discrimination Act 1991 (the “Act”). In order to commence the complaints process under the Act, you must first lodge a complaint form which can be completed online (https://www.qhrc.qld.gov.au/complaints/make-a-complaint).
Sexual harassment Part 1: know your rights
Sexual harassment continues to be prevalent in the community, including at work. It can have a significant impact on a person and their mental health. In some cases, the harassment can cause psychological or psychiatric injury.
Gym injuries and your legal rights
Exercise plays an important part in maintaining our physical and mental health and wellbeing. Joining a gym is one of the main ways you can choose to work out and while we can generally expect to be safe when lifting weights or doing a fitness class, accidents and injuries can still occur.
Party Host: liability for reckless conduct of intoxicated patrons
As COVID-19 restrictions have progressively eased, social events and parties have returned to our calendars! The drinks flow and the music plays; it’s good to be back! Back what happens if you are injured whilst attending a social event or party?
What to do if you are injured in a motor vehicle accident in an Uber
One thing is for sure – rideshare vehicles are now prevalent on our roads and this increases the likelihood of a rideshare vehicle being involved in a motor vehicle accident.
Who pays for treatment and rehabilitation when you are injured in a motor vehicle accident?
Not every person involved in a motor vehicle accident will suffer an injury. If they do, it is not uncommon for them to have to undergo treatment and rehabilitation. The services can be expensive, and we are commonly asked who is responsible for paying these expenses?
PTSD claims by first responders and other eligible employees
In 2021, the workers’ compensation laws were changed to acknowledge the link between the nature of work undertaken by first responders and PTSD.
Psychological injury and workers’ compensation
Psychological health and safety in the workplace is just as important as physical health. If you have been injured at work you may be entitled to compensation benefits if the injury resulted from your employer’s negligence and/or the negligence of a third party.
3 things you should do after a workplace injury
If you’ve been injured at work, it’s important to know what your rights are, and how to proceed with claiming compensation. Here are three important things you should do after experiencing a workplace injury.
Helpful Links
Queensland legislation
Commonwealth legislation
Queensland Law Society
Workcover Queensland
Workcover Authority – New South Wales
Motor Accident Insurance Commission – Queensland
Motor Accident Insurance Commission – New South Wales
Office of the Health Ombudsman