Knowing Your Rights in a Workplace Accident

197 days ago

In Australia, the government lays out your employer’s rights and obligations, as well as your rights and obligations as a worker. These rights pertain to types of employment, basic conditions, occupational health and safety, workers’ compensation, and much more. When it comes to occupational health and safety, you need to know your rights if you are injured at work. If you have any doubts, speak with a workers’ compensation lawyer for advice.

What are the Duties of an Employer?

An employer must:

• Provide a safe workplace;
• Take all reasonable precautions to reduce the chance of illness or accidents in the workplace;
• Consult with employees and trade union reps (if applicable) to identify hazards and risks, and take all steps necessary to make the workplace safe;
• Follow laws that pertain to the use of certain chemicals; and
• Find a suitable job for an employee who was hurt on the job and can’t perform regular duties.

What are theDuties of an Employee?

An employee must:

• Take all reasonable precautions to reduce the chance of causing accidents in the workplace;
• Wear the necessary protective clothing;
• Follow all safety procedures;
• Report any practice or situation that is dangerous; and
• Notify his or her employer as soon as possible following a work-related injury.

Workers’ compensation law in Australia varies depending on the state in which you live. Workers who are injured on a trip to or from work, during the course of employment, by an incident that arises out of their employment, or injuries that occur as part of a gradual process are entitled to workers’ compensation.

The employer has 5 working days to submit the paperwork to the insurer, and then the insurer has 14 days to make a decision regarding the claim. If the employer is self-insured, then they have 17 days to make a decision. While the claim is being decided, the worker is responsible for paying any expenses. If the claim is approved, then those expenses will be reimbursed, as long as all receipts are kept.

What to Do in the Event of an Injury at Work

In the event of any injury that takes place at work or on a trip relating to work, or even if you’re travelling to or from work, you must first seek appropriate medical attention or first aid.

Next, inform your employer of your injury, so that proper paperwork and a workers’ compensation claim can be filed.

Finally, follow up with a lawyer if you feel you have more questions, or to protect your claimif you feel your employer failed to live up to his or her duties. Remember–if you need it, you can get help with anxiety that resulted from an injury or trauma at the workplace.

Workers and employers in Australia each have their rights and responsibilities, in the event of a workplace illness or injury. If you have any further questions about these rights and responsibilities, speak to alawyer experienced in workers’ compensation.