Ensuring employees have a safe working environment is essential in complying with the NSW Occupational Health and Safety Act. However sometimes accidents cannot be avoided and workplace injuries occur. Compensation law is extremely difficult to navigate and therefore it is recommended that anyone who needs answers relating to workplace injuries seeks legal advice.
Nevertheless there are a few things you can do to minimise the distress associated with workplace injuries before and after they occur.
The employers’ responsibilities
The main regulations about safe workplaces are found in NSW OH&S legislation, this Act requires employers to;
- provide a safe workplace for employees – including the protection, and ensuring risks are minimised throughout processes
- ensure employees can handle safety equipment in the event of an accident or emergency
- provide the required training and information in regards to the performance of their duties.
This legislation works to protect employees and ensure they are provided with a safe working environment, without the presence of harassment or bullying. Failure to comply with the Act will usually result in liability and penalties for employers.
Furthermore, it is important that employees ensure they act according to workplace safety guidelines and they do not put anyone into dangerous situations, as compensation may be denied in such instances.
Steps to take after a workplace injury occurs
If an accident occurs while at, or travelling to, work there are some steps that need to be followed, which includes;
- Ensuring the employer and the insurer are notified as soon as possible
- It is always a good idea to contact WorkCover, seek medical help and contact a legal representative to you advise you further
- Attain all the necessary compensation forms and ensure they are filled out
In assessing if the compensation claim was a result of the job all circumstances will be considered including the particular task, the heredity nature of the injury and the likelihood of injury outside of the course of employment. As an employer you need to take steps to ensure that legitimately injured employees are not terminated unfairly.
Owen Hodge Lawyers can assist you with this vital process to ensue your rights are protected and ensure there are no unnecessary liability expenses involved.