The Christmas – New Year period has historically proven to be a busy period for workers compensation. Due to a variety of reasons, we see a higher frequency of claims during this period. Last December and just before Christmas break / public holidays, one of our clients had a psychological claim lodged against them. The worker had been terminated two weeks prior to the claim being lodged.
Recently we have been involved with an increased number of fall related incidents. The injuries sustained, & the resulting workers compensation claims, can often be complex & costly. In addition to claim related costs, employers also face material fines for unsafe work sites.
After providing advice and support recently to various clients with workers having sustained injuries (5 metre + 10 metre falls to concrete and an employee falling down fire escape), we wanted to provide greater insights into fall related incidents.
Construction related work is considered one of the more dangerous or high risk occupations. Heights, heavy and large equipment, complex machinery and unstable ground are just some examples of what workers face in undertaking their work. With the number of construction industry workers having grown by 33% over the last 11 years, site safety is increasingly important and front of mind for most businesses in this industry. No matter how well trained or careful workers claim to be, due to the nature of their jobs construction workers are constantly exposed to hazardous conditions and dangerous situations. To highlight Australia’s National Safe Work Month, here are 5 steps to assist in making construction sites safer.
In Australia, all employers have a responsibility to prevent discrimination, harassment or bullying from occurring in the workplace and to make sure that their employees, and people who apply jobs with them, are treated fairly. Under Work Health and Safety (WHS) legislation, employers and employees are required to comply with practices and behaviour that promote health and safety in the workplace. Because of this responsibility, employers are required to minimise or if possible eliminate the risks to employees’ health and safety caused by workplace bullying. Safe Work Australia has recently updated two publications on workplace bullying to provide guidance and assistance for managers and workers on how to prevent, respond and deal with this issue.
Occupational violence is an incident where a worker is physically attacked in the workplace or during work related activities. It also extends to if a worker is threatened in a way that causes them to reasonably believe they are in danger of being physically attacked. With an ageing population, ensuring aged and other care workers are able to cope with the at times aggressive behaviour associated with some types of dementia or disabilities is an important issue for care providers. Recent data shows care workers represent more than 9 percent of NSW workers compensation claims with over 12,000 physical and mental claims made in the recent 3 year period. Addressing workplace bullying and violence be challenging yet SafeWork Australia provide recommendations.
Occupational Asthma (a new-onset asthma in which the underlying cause is exposure to an agent at work) is considered a work related illness and has led to numerous workers compensation claims in different industries over the past decade. Employers are legally responsible for informing their staff of general and specific hazards connected with their job and for providing employees with a safe and healthy workplace. Recent studies show over 40% of workers are exposed to one or more asthmagens in their workplace. According to Safe Work Australia workers in the farming, metal or wood and food preparation industries are most likely to be exposed. Businesses can take steps to minimise exposure to asthmagens in their workplace.