Who Is Responsible For An Injured Worker In NSW And How To Mitigate The Risks?

All employers have a broad range of responsibilities towards their employees. The most important ones include ensuring the safety of the workers while at work. It is their job to ensure that workplaces accidents don’t happen by eliminating any such hazards that might result in one.
According to statistics reported by Safe Work Australia, 182 workers lost their lives after being injured at the workplace in 2016. Though the number might not seem much, thousands of reported and sometimes unreported workplace injuries occur every year, leaving both the worker and the employer at loss. Employers have to pay worker compensation whereas the employee or worker suffers in terms of lost time and physical discomfort for several months following the injury.
injured worker

Are workplace injuries always the employer’s fault?

Workplace accidents happen all the time. As long s the injury happens in the course of an employee conducting their normal and expected work activities, the employer is likely to be held responsible. Sometimes accidents occur due to worker’s negligence despite being warned or informed about the nature of the work. In some cases it may not be 100% clear whether  the injury caused is 100%  the fault of the employer. In NSW, where there is an air of uncertainty as to who is 100% responsible, it is worth consulting with  worker compensation lawyers in NSW.
Regardless an employee can always put forward a claim for approval, and if an employer fails to follow through and process the claim in a timely manner, they can face legal liabilities and pay fines. Even if the accident occurred because of the worker’s fault, the employer will still have to pay the medical bills since they occurred on the working premise during working hours.

Workplace Injury Hazards

Talking of hazards, it is pivotal that we take note of the most common workplace hazards that result in an injury or illness. This will help us understand the risks involved and how these can be prevented in the next section of this article.

  • Infectious diseases and biological hazards: This category involves virus like the Hendra virus and conditions like legionella.
  • Exposure to harmful chemical substances: This includes coming in contact with hazardous chemicals, asbestos and dangerous goods etc.
  • Manual task hazards: Manual task hazards includes injuries due to manual labour that exceeds beyond one’s ability to carry
  • Physical hazards: This can include injuries caused due to confined spaces, equipment failure, electrical faults etc.
  • Environmental hazards: This involves injuries caused by excessive noise, poor lighting, uneven flooring, extreme cold or heat, poor air quality etc.

How to Mitigate the Risks?

Most of the injuries aforementioned can be prevented if the employers take the following risks and ensure that all the rules and regulations regarding safety at work are followed by all workers. Risks can be managed easily if:

  1. The hazards are identified immediately and reported. For instance, if a worker notices any electrical hazards, they should immediately inform the management and have electrical cable floor covers placed for safety. Thus, the chances of electrocutions and power outage can be minimized.
  2. Control measures are introduced. Control measures include the introduction of meaningful safety gears and information related to injury prevention. Such controls can be initiated during seminars and training sessions where workers are advice on how to use technology to its best use without injuring themselves, how they should always put on their safety gear first when working in risky environments and how they should immediately report any discrepancies without delay etc.
  3. Controls are reviewed. The only way one can evaluate the effect of the controls put into practice is by reviewing the change it brings. Have the new controls resulted in fewer injuries at work? Has it made the worker more productive etc?

A more detailed elaboration of the liabilities an employer can face due to workplace accidents is available in the Equal Opportunity Act 2010. What responsibilities lie on the employers concerning the provisions of safe and fair working conditions is available in a documented form in the Occupational Health and Safety Act 2004.

The Importance of Lawyers

Lawyers are the butt of many jokes, from light-hearted teasing to rather mean-spirited barbs. In the Jim Carey movie, Liar Liar (a not so subtle play on the word “lawyer”), Jim Carey plays the archetypical lawyer – fast-talking and evasive of the truth. Is this rather bleak view of attorneys fair or do we owe them a greater deal of gratitude? I’m going to give you three scenarios to imagine, and then you can decide where you stand on lawyers.
Lawyer
For the first scenario, imagine you are driving down a road at night and out of nowhere a motorcycle merges into your lane, giving you no time to hit the brakes. If you leave the scene, it will be seen as a hit and run (regardless who caused the actual accident). Without a lawyer, it will be your word against the motorcyclist’s. Not every stretch of road is monitored and not every driver is honest. A lawyer is specially trained to not only protect your interests in court, but to pull information from others that are vital to your case.
Not everything a lawyer deals with has to do with physical injury or an accident of some sort.
Let’s consider for our second scenario that you are a college student. That scholarship you won during your senior year of high school was only good for the first year of study and now, entering your sophomore year, the weight of the world seems crashing down on you as you have to figure out a way to pay for tuition, books, food, etc. Of course, you manage but at the end of four (or five) years, you find yourself bogged down in debt and filing for bankruptcy seems like it’ll be the only way to get those creditors to stop calling you every other hour of the day.
By calling a lawyer, you just may be able to avoid such a life-altering decision as filing for bankruptcy. Most people who fall into debt do not know all the options available to them. A lawyer will help you make a wise choice instead of a rash decision that could haunt you down the road.
Buying a home is one of the most important milestones in a person’s life. It is something we often dream of from the time we are young and as soon as we enter the workforce, it is something we strive to attain. However, buying a house is not so simple as giving money and signing a few forms. There are many things to consider, such as location, zoning laws, school districts (if you have or will have children) among a host of other things. A lawyer can help you navigate your way through the minefield on your way to becoming a homeowner.
While it is certain that the jokes are not going away anytime soon, I hope you are at least convinced that lawyers play a vital role in our society. Lawyers, so often ridiculed and portrayed in a negative light, are the men and women who help ordinary citizens like you and I understand and make use of our rights. They enable us to make sense of endless documents of legal wording so that we can get to live our lives.

Professional Solicitors Effectively Handle Employment Disputes

The days of simple employee-employer regulations have changed dramatically over the last few years.  Laws are now more complex and carry significant costs and risks for noncompliance.  In today’s business world you must get advice from a professional who is well-versed in the law and who can help you to negotiate disputes effectively for a satisfactory outcome.  It’s imperative that you locate an agency with which to partner that takes pride in its work and has extensive legal knowledge from which they can handle your situation.

The Agency That You Choose

Services That They ProvideThe agency with which your partner to represent you must have the ability to deliver high-calibre advice and counsel that’s affordable and within your budget.  They should have on staff a multi-disciplined team of solicitors with expertise in compromise agreements and mediation; it will also be helpful if they have experience with race, age, and sex discrimination issues.  They should be able to handle all employment-related legal issues with confidence effectively and efficiently for you.  It is also very important that they explain all of the processes and procedures to you in a language that is easy to understand.

Look for an agency that provides high quality service, personal assistance, and representation that is tailored to your specific needs.  The strategies that they use should be tried and tested to produce the best outcome for you; you want to partner with a team of professionals that are experienced, listen attentively, and work diligently on your behalf.  The team that you choose should be honest and work from a mantra of integrity; they should conduct themselves with professionalism as they work with you, their colleagues, and adversaries across the aisle.

Review Their Website

Before you decide if the ThomasMansfield solicitors for compromise agreements team will work best for you, take time to review their website to ascertain the types of services that they provide and the cost of retaining their professional assistance.  Look to see if they have a retainer schemes plan that offers you excellent value for your money.  They must have in-depth knowledge of best practices that work effectively and risk management strategies for your specific sector.  It’s important to read testimonials that furnish you with evidence of their work ethic, the practicality of their solutions, and the level of customer service that you can expect.  A reputable agency will have a powerful website that provides you with contact information and their locations for your convenience.

When work-related disputes arise, you want an experienced hand that is calm and professional to guide you through the processes and paperwork that you will encounter.  They should be confident in their knowledge of your situation and the laws that impact your case, professional in their conduct and presentation of the facts, and diligent in their preparation of information that determines the outcome of your proceedings.  It’s wise to partner with a team of professionals that offers first class service to all of their clients and has a proven track record of successful representation for work-related issues.  Experts that have used tried and trusted methods can provide you with peace of mind as you work your way through the situation at hand with their leadership and guidance

Why Do You Need A Divorce Lawyers For Your Marriage Split?

This question may seem rhetorical but it can be the biggest and most important decision you make in your life. Once the grave choice has been made the end a marriage, the pragmatics of the situation takeover, and can become infinitely complicated. There is no such thing as a simple divorce, but some are certainly simpler than others. A divorce can be painful and traumatic, but it doesn’t have to be. Involving a professional to facilitate and mediate proceedings can save you time and energy, and potentially years of your life. Whether the end to your marriage is amicable, antagonistic or apathetic, you need a divorce lawyer to take care of the legal ins and outs of your separation. A person considering divorce should always speak to a firm that specialises in Family Law, such as LFS legal.

There are always loose ends left over from a marriage or a long term relationship. There are many facets to family law that are designed to deal with this sort of thing, just as there are many facets to the end of your marriage. These can include financial and property disputes, divorce proceedings, parenting orders, de facto and same sex relationships, relocation applications and of course, division of assets. Laws are written with a view to best protecting fairness and the interests of both members of a couple. Don’t risk putting off divorce proceedings or thinking that you can handle things yourselves. Family lawyers have seen hundreds of cases like yours before, and will know the best course of action for you.

Legal services involve more than just documents and transcripts. Lawyers are trained to see the big picture and the best outcome for their clients. Having a lawyer advise you on best courses of action for success from a legal point of view is essential for all people or businesses looking to go to court.

Road Traffic Injury Claims

Motorists who feel anxious about being involved in a road traffic accident have been given yet more cause for concern, as recent statistics show that injury claims for compensation increased significantly over the past 12 months. According to figures released from a report by the Actuarial Profession, despite a fall in actual accidents of 11% in 2011 compared to the figures released for the previous year, the number of claims is up by an astonishing 18%, with a range of factors behind this perplexing data.

Although most modern cars are seen as being safe to drive, and road safety has in general improved considerably in recent years through government campaigns and efforts made by car manufacturers to make their products less hazardous, reckless drivers are still present on the road. Although there are laws in place to punish anyone driving dangerously for whatever reason, they still exist, and can cause serious accidents that often end in severe injuries that may form the basis of a compensation claim.

Another reason why claims may be up is because of a rise in the severity of road traffic accidents. That could explain why the insurance industry was hit with a combined £400 million bill over the course of 2011, with many injury claims being made in urban environments such as East London, Liverpool, Birmingham and Manchester, where road traffic accidents tend to be more common. However, improvements in road safety seem to have been made in big cities, especially as there seem to be more motorists in those areas.

Some believe that there may be a correlation between the location of offices of injury claim management firms and accident hotspots, which could go some way towards explaining why there has been a rise in the number of claims. However, the fact that claims have been on the increase in the past year or so may hint at something different, possibly that there may be growing awareness of the fact that, in the event of injury, people are able to make compensation claims with the help of company’s such as Medicalsolicitors.co.uk

In the past few years, a number of injury claim firms have gone in to business to help fill the void left by insurers who may seem reluctant to help victims of road traffic accidents get the resources needed to help them recover without having any financial problems. What many injury claim firms say they do is to help victims of road traffic accidents who may find that their health and finances will suffer through no fault of their own file a compensation claim against the negligent motorist.

Although it’s rare for people involved in accidents on the road to claim, the fact that more people seem to be doing it shows that negligible accidents are being cut out or that more people are looking into claiming compensation directly from the motorist at fault for their injuries rather than going straight to their insurer for help. Whether this growth in the number of injury claims will continue is unknown for now, but it will depend on how far the total number of accidents will rise or fall.

Alexander de Zeeuw is a freelance personal injury lawyer who specialises in accident at work claims with first4lawyers.com