Workplaces in Australia and in many other places around the world are covered by Health and Safety Laws. These laws have been developed over time to try and protect workers from being expected to risk their health and in some cases life without proper care being taken to minimise that risk by the employer. The risk can be minimised by various means, sometimes just the simplest thing can make all the difference.
Until fairly recently in historical terms, it was not known deafness could be caused by noise endured by people in workplaces. Many citizens today in their 70s and 80s have had to endure impaired hearing as a direct result of working factories where they had to endure hours of loud noise day in day out, and no measures were taken either to reduce the noise at its source, or to provide them with hearing protection. Today there are rigid guidelines and rules in regards to the levels of noise and the duration of exposure to noise. Employers are legal obliged to seek to out methods to reduce noise and exposure to noise and many technological solutions are now available.
Another medical condition that has been caused through lack of knowledge is the range of conditions referred to as RSI. (Repetitive Strain Injury). These conditions are varied and numerous and it is not appropriate to list them here, however suffice it to say, that many people who have operated machinery, worked on production lines, lifted and pulled for a living in bygone days are now suffering as a result. Once again there are now strict guidelines within health and safety law in regards to how long the same action or activity can be undertaken and other measures, to try and minimise the risk of employees developing RSI.
If you believe that you are being exposed to a danger to your health or life at work you should discuss the matter with your Supervisor, Company Safety Officer or Union Safety Representative and ask that the matter be looked into. The first step should always be that your employer either conducts a risk assessment or produces evidence to you that one has been done, and that the results and recommendations from that assessment are being taken notice of.
However be aware, that if you continue not to receive any satisfaction you do have the right to contact the health and safety authority in your country and ask that investigation be undertaken. By law it is the employer who should provide a safe and healthy work place and the onus is fairly and squarely on their shoulders.
However, you must always be aware that you the employee too can be at fault at law. If you do not heed instructions in regards to health and safety at work, you too may be held to blame.
Health and Safety Law, like all law has been developed over the years for the protection of everyone.
A workplace injury or a workplace accident can easily result in a loss of work and a loss of money. Because of this, workplace injuries are on the mind of many employees and employers.
Any injury or illness that is directly related to the workplace, or any illness or injury that is a result of exposure to something in the workplace, is considered a work injury.
Because a workplace injury or a workplace accident can directly affect your family, your health, your well being and your finances, it is important to take the proper steps to ensure your financial security.
Common work injuries include:
• Back pain
• Neck and shoulder pain
• Arm and wrist pain
• Lower back pain
• Eye strain
• Headaches
• Fatigue
• Repetitive strain injuries (such as Carpal Tunnel Syndrome), also known as RSI
It is important to follow certain steps as soon as you begin suffering from a workplace injury or when you experience symptoms of a workplace illness.
1. Immediately notify your employer, who will likely provide you with a workers compensation form which you’ll need to fill out as soon as possible.
2. Immediately seek treatment from a doctor, or seek immediate emergency treatment, if necessary. Make sure your doctor or emergency room personnel take detailed notes of the visit because you will likely need to provide these records as proof of your injury or illness.
3. Keep detailed records of your injury or illness, as you will likely need to detail the circumstances under which you suffered your workplace illness or injury when filling out your workers compensation claim.
4. Return the completed workers compensation claim to your employer, who will then send it into the appropriate state agency.
5. Obtain legal advice if your claim was denied. A workers compensation lawyer can prove invaluable if you feel that you have suffered a workplace injury or illness, yet your workers compensation claim was denied.
Protecting yourself, your family and your financial future is vital if you suffered a workplace injury or illness, so it is important to obtain legal advice so that you can have a qualified lawyer fight for your rights under the workers compensation laws.
In Australia if you’re unfortunate enough to sustain a work related injury, you’re entitled to worker’s compensation from the applicable Work Cover or Work Safe body, as dictated by the workers compensation laws in your state or territory. This government legislated system means that every employer is obliged to provide insurance and a safe workplace for all employees. In the event of a work injury, all injured employees can then lodge a claim with Work Cover or Work Safe.
Workers compensation law states that every employer must apply for a worker’s compensation insurance policy within five business days of taking on a new employee, or risk being penalised. All workplaces must be routinely assessed in accordance with their premium in order to continue to be insured. Employers must also supply details regarding employee wages, notify any change of address or changes to business activity. All details must also be correct and accurate, delivered on time and the premium paid by the due date.
If you’ve been injured in a workplace accident, then there are several steps you should take before lodging a workplace accident. First of all be sure you visit your doctor and have them complete a Worker’s Compensation Medical Certificate. This document is crucial and with this you should approach your employer to discuss the issue at hand and to lodge a claim together. Additional useful documents include the employee’s Tax File Number Declaration if they need time off work due to their injuries, plus a detailed outline of the employee’s normal salary. Supplying these documents will ensure that your claim is processed in a timely manner. The faster the claim can be resolved the less delays or issues will arise for both the employer and employee regarding wages, medical costs and other issues related to injury in the workplace.
Whether you’re an employer or an employee, if a workers compensation claim is lodged for a workplace injury, then it is a good option to seek legal representation. You can make use of a lawyer to represent you at the Medical Assessment Tribunal or Industrial court, carry out legal audits of workplace safety or compliance and manage rehabilitation of injured employees.
Both employers and employees are protected by the worker’s compensation laws. Worker’s compensation ensures that all parties are fully covered and protected in the unfortunate instance of a work related injury. Having full cover protects the employer if a claim must be lodged, as well as ensuring the employee receives the correct workers compensation if they suffer and injury. A lawyer can help you to navigate the claim process and is a good option to ensure that your rights and responsibilities are covered irrespective of whether you’re an employer or employee.

