Over 25,500 Victorian workers had workplace injury claims accepted in 2024, and many of these incidents occurred outside traditional workplaces. Whether you’re a tradie, healthcare worker, or service provider, knowing exactly what to do when you’re injured at a client’s home can protect both your health and your right to compensation.

Injured at a Client’s Home? Steps to Take Immediately:

If you’re injured at a client’s home:

• Ensure your immediate safety and get medical help if needed – call 000 for serious injuries
• Report the injury to your employer within 30 days (sooner is better) and document everything
• Photograph the scene and get witness statements before leaving the property, if possible
• See a doctor immediately and obtain a Certificate of Capacity if you need time off work
• Lodge your Worker’s Injury Claim Form with your employer as soon as possible to start the WorkCover claim process

First Steps to Take When Injured at a Client’s Home

1. Get Yourself Safe and Assess the Injury

Your safety comes first. If you’ve been seriously injured – bleeding heavily, can’t move, experiencing chest pain, or have a head injury – call 000 immediately. Don’t try to tough it out or downplay what’s happened.

For less severe injuries, move yourself away from any immediate danger. If you’ve tripped on loose flooring, step away from that area. If a dog has bitten you, get to a safe space. Your adrenaline might be masking the pain, so take a moment to properly assess how you’re feeling before deciding what to do next.

2. Notify Your Employer Straight Away

This is one of the most critical first steps after a work accident in Melbourne. You’ve got 30 days to formally report your injury to your employer under Victorian law, but don’t wait that long. Ring your supervisor or boss as soon as you can – ideally while you’re still at the client’s property or immediately after leaving.

If you can, send a text or email as well. Something simple like: “I’ve been injured at [client address]. Fell on wet stairs and hurt my back. Getting medical attention now. Will call with details shortly.” Written communication creates a timestamp that proves you reported it promptly, which can be crucial for meeting requirements for how to report work injury in Victoria.

Your employer might ask you to fill out an incident report immediately. Do it. Even if your injury seems minor, document it properly from the start.

3. Document Everything at the Scene

Before you leave the client’s home, pull out your phone and start photographing. This is essential for documenting workplace injury in Victoria. Take photos of:

• The exact spot where you were injured
• The hazard that caused the injury (wet floor, broken step, faulty equipment, the dog if safe to do so)
• Any warning signs that were or weren’t present
• Your visible injuries, if applicable
• The overall area showing context

If the client or anyone else witnessed what happened, get their contact details and a brief statement. Ask them to write down or text you what they saw. These witness accounts can become gold when you’re navigating the WorkCover claim process after injury, especially if liability becomes questioned later.

Take notes on your phone about what happened while it’s fresh in your mind. Include the time, what you were doing, the exact sequence of events, and how you felt immediately after. Details fade quickly, so capture everything now.

4. Inform the Client

Let the client know you’ve been injured on their property. Keep it factual and professional – “I’ve slipped on the wet floor and hurt my wrist. I need to get medical attention,” – without placing blame or getting into arguments about whose fault it was.

If the client offers to help or drive you somewhere, use your judgement based on the severity of the injury. For serious injuries, wait for the ambulance. For minor ones, you might accept a lift to the medical centre if it gets you care faster.

Don’t let the client pressure you to downplay the injury or discourage you from reporting it. Some clients worry about liability or increased insurance premiums, but your health and rights come first.

How to Report a Work Injury in Victoria

Complete a Register of Injuries Entry

Within those crucial first 30 days, you need to formally record your injury. Your employer should have a Register of Injuries – this can be a physical logbook, electronic file, or online system. Record detailed information, including:

• The date and time of injury
• The exact location (client’s address)
• What you were doing when injured
• The nature of your injury
• Any treatment you received immediately
• Whether you continued working that day

This register entry becomes part of your official injury record and kicks off the formal reporting process. Make sure you get a copy of your entry – your employer must provide this to you in writing.

Lodge Your Worker’s Injury Claim Form

To access WorkCover benefits, you’ll need to complete a Worker’s Injury Claim Form (available from your employer, WorkSafe Victoria, or how to lodge a WorkCover claim resources). Fill out Part A yourself with all the details about your injury at the client’s home.

Your employer then completes their section and must forward your claim to their WorkSafe agent within 10 days. Keep copies of everything you submit. Understanding the employee’s guide to workers’ compensation claim process in Victoria can help you navigate this properly from the start.

The agent has 28 days to decide on your claim. If they don’t make a decision within this timeframe, your claim is automatically deemed accepted.

Get Medical Treatment Immediately

See a Doctor Right Away

Even if your injury seems minor, see a GP as soon as possible after being injured at a client’s home. Some injuries don’t show their full extent for hours or even days. That sore shoulder from breaking your fall could be a rotator cuff tear. That headache after hitting your head might be a concussion.

Seeing a doctor immediately also creates medical evidence directly linking your injury to the workplace incident. If you wait a week before getting checked, the insurer might argue your injury worsened due to something else or wasn’t as serious as you claim.

Tell your doctor exactly how the injury occurred at the client’s property. Be specific: “I was installing a light fixture when the ladder slipped on tiles wet from cleaning” is much better than “I fell off a ladder.”

Obtain a Certificate of Capacity

If your injury means you can’t do your normal work, you’ll need a Certificate of Capacity from your doctor. This document states:

• The nature of your injury
• How long you’ll be off work
• Whether you can perform alternative duties
• Any work restrictions you have

Your WorkCover claim capacity certificate is essential if you’re claiming weekly payments to replace lost wages. Without it, you won’t receive income support while you recover.

For the first 14 days off work, any doctor can issue this certificate. After that, you can get certificates from doctors, physiotherapists, chiropractors, or osteopaths for additional 28-day periods.

Give these certificates to your employer immediately so they know what payments to make. You can also provide them directly to the WorkSafe agent via post, email, or their app.

What Happens After You’re Injured at a Client’s Home

The WorkCover Claim Process After Injury

Once you’ve lodged your claim, the WorkCover claim process after injury follows these steps:

1. Initial assessment: The WorkSafe agent reviews your Worker’s Injury Claim Form, medical certificates, and employer reports to determine if your injury is work-related and compensable.
2. Provisional payments: For mental injuries or if you need immediate medical treatment, you can tick the box for provisional payments. The agent typically decides within 5 business days, providing early support while your full claim is assessed.
3. Claim decision: Within 28 days, the agent will accept or reject your claim. If accepted, you’ll receive written confirmation outlining your entitlements. If rejected, you have 60 days to dispute the decision through the Workplace Injury Commission.
4. Ongoing support: If your claim is accepted, the agent manages your treatment expenses and weekly payments based on your pre-injury average weekly earnings. For more details on lodging WorkCover benefits claim in Victoria, speak with an experienced compensation lawyer.

What You’re Entitled To

When injured at work – including at a client’s home – accepted claims can include:

• Medical expenses: Treatment costs paid directly to providers or reimbursed to you (keep all receipts)
• Weekly payments: Partial wage replacement based on your pre-injury earnings, typically covering the first 10 days and ongoing if you can’t work
• Rehabilitation support: Physiotherapy, occupational therapy, or other services to help you recover
• Return to work assistance: Help transitioning back to suitable duties
• Travel costs: Reimbursement for travel to medical appointments
• Permanent impairment benefits: For injuries that cause ongoing disability

The specifics depend on your injury severity and how it impacts your ability to work.

Common Mistakes to Avoid

Don’t Delay Reporting or Documentation

The biggest mistake injured workers make is thinking, “I’ll see how I feel tomorrow.” Every hour you wait to report or document your injury makes your claim harder to prove. Injuries at client homes can be especially tricky because the scene changes. Report immediately, photograph immediately, document immediately. 

Don’t Give Informal Statements Without Care

After you’re injured, your employer, their insurer, or even the client might ask you to explain what happened. Be honest and factual, but don’t speculate about fault or say things like “I should have been more careful” or “It was probably my fault.” Stick to describing what occurred.

Don’t Accept Return to Work Too Early

There can be pressure – sometimes from employers, sometimes from your own financial stress – to return to work before you’re ready. Returning too early can re-injure you or make your condition worse, potentially ending up in a longer recovery and more complicated claim.

Don’t Assume Your Employer Will Handle Everything

Your employer should forward your claim to their WorkSafe agent within 10 days, but mistakes happen. Follow up to confirm they’ve done this. Keep your own copies of all forms, certificates, and correspondence.

When to Get Legal Help

If Your Claim Is Rejected

WorkCover claim rejections happen, even for legitimate injuries. Common reasons include disputes about whether the injury was work-related, questions about pre-existing conditions, or arguments that you weren’t performing work duties when injured.

You have 60 days to dispute a rejection through the Workplace Injury Commission’s conciliation process. An experienced lawyer can help you gather the evidence needed to overturn a rejection, negotiate with the insurer, and represent you through the dispute process if necessary. 

If Your Benefits Are Insufficient or Cut Off

Sometimes claims are accepted, but the payments offered are too low, or your weekly payments get cut off before you’ve fully recovered. This might happen because:

• The insurer calculated your pre-injury earnings incorrectly
• They’re disputing your ongoing incapacity
• They want to terminate your benefits based on an independent medical examination you disagree with
• They’re pressuring you to accept a settlement that doesn’t fully compensate you

These situations need legal intervention quickly. Time limits apply to challenging insurer decisions, and the longer you wait, the harder it becomes to protect your rights.

For Permanent Impairment or Serious Injuries

If your injury at the client’s home results in permanent impairment, you may be entitled to a lump sum payment on top of your weekly benefits and medical expenses. Calculating these benefits correctly requires understanding formulas and medical assessments. This is complex legal territory where professional guidance becomes essential.

You Don’t Have to Navigate This Alone

Being injured at a client’s home throws you into unfamiliar territory. You’re dealing with pain, medical appointments, financial stress, and a complex claims process all at once. The steps you take in those first hours and days after injury can significantly impact your ability to receive fair compensation.

At HCA Lawyers, we’ve spent years helping injured workers across Melbourne and Victoria navigate WorkCover accidents and secure the support they deserve. If you’ve been injured at a client’s home and need guidance on your rights, we’re here to help. Your initial consultation is free, and we work on a no-win, no-fee basis for WorkCover claims. You shouldn’t have to pay legal fees while you’re already dealing with an injury and lost income.

The post What to Do Immediately After Being Injured at a Client’s Home in Melbourne appeared first on Henry Carus + Associates.

If you’re injured working in someone’s home in Victoria, you have the same WorkCover rights as someone injured in a traditional workplace. Your claim isn’t affected by the location of your injury – what matters is that you were performing work duties when it happened.

Quick Answer: Your WorkCover Rights 

• You’re covered by WorkCover if injured while performing work duties in any location, including client homes
• Your employer must lodge a WorkCover claim within 30 days of being notified
• You can access immediate benefits, including medical expenses, lost wages (typically 95% of your pre-injury earnings), and rehabilitation support
• The client’s insurance isn’t involved in your WorkCover claim — your employer’s WorkCover policy covers you
• You may have multiple compensation pathways, including WorkCover benefits and potentially a common law claim

Who’s Covered by WorkCover When Working in Private Homes?

If you’re injured working in someone’s home in Victoria, WorkCover applies to you as a mobile worker. This includes:

• Home Care and Support Workers: NDIS support workers, aged care workers, disability support workers, personal care attendants, and respite carers who assist clients with daily tasks, personal care, or mobility support.
• Tradespeople and Contractors: Plumbers, electricians, builders, carpenters, painters, HVAC technicians, and gardeners who visit residential properties to perform repairs, installations, or maintenance work.
• Cleaning and Domestic Workers: House cleaners, domestic workers, window cleaners, carpet cleaners, and pest control workers who provide services in private residences.
• Health Professionals: Community nurses, physiotherapists, occupational therapists, speech pathologists, dietitians, and podiatrists who deliver healthcare services in clients’ homes rather than clinical settings.

Your employment status determines your coverage. If you’re an employee (casual, part-time, or full-time), you’re automatically covered under your employer’s WorkCover policy. Independent contractors and sole traders need their own WorkCover insurance — check with WorkSafe Victoria if you’re unsure about your status.

Common Injuries When Working at a Client’s Property

Mobile worker injury compensation in Victoria claims frequently involve these scenarios:

Slips, Trips and Falls

Wet floors after cleaning, cluttered walkways, poor lighting in hallways, uneven surfaces on driveways or paths, loose mats or rugs, and stairs without proper handrails. A home care worker’s injury rights in Victoria (and their risks) are the same as those who work in hospitals or other facilities.

Manual Handling Injuries

Lifting or moving clients during personal care, transferring equipment like wheelchairs or hoists, moving furniture for cleaning or repairs, carrying heavy tools or materials, and repetitive bending or reaching tasks that strain your back, shoulders, or knees.

Dog Attacks and Animal Injuries

A tradesperson injured on client property could be bitten by an unsecured dog while entering the backyard, or an NDIS worker might be scratched by a client’s cat during a support visit.

Electrical and Burn Injuries

Faulty appliances or wiring in the client’s home, exposed electrical outlets, gas leaks, or hot water systems without proper safety guards – particularly hazardous for electricians, plumbers, and maintenance workers.

Violence and Aggression

Support workers may face physical assault from clients experiencing behavioural issues, dementia, or mental health episodes. These injuries fall under a WorkCover claim working at client’s house, just like physical accidents.

Your Immediate Steps After Being Injured

1. Report your injury to your employer within 30 days, but ideally straight away. Your employer then has 30 days to lodge your WorkCover claim with their insurer. Don’t wait for your employer to act before seeking medical treatment.
2. See a doctor immediately, even for seemingly minor injuries. Tell your GP this is a work injury and ask them to complete a WorkCover medical certificate. This documents your injury and establishes the link between your work duties and the harm you’ve suffered.
3. Document everything about the incident. Take photos of the hazard that caused your injury, write down exactly what happened while it’s fresh in your memory, get contact details from any witnesses (including the client if appropriate), and keep copies of all medical reports, certificates, and correspondence with your employer.
4. Keep all receipts related to your injury, including medications, medical appointments, travel to treatment, and any other expenses directly caused by your workplace accident.

WorkCover Benefits You Can Access

WorkCover provides several types of support when you’re injured working in someone’s home, even before your claim is formally accepted in most cases. For more information, learn about who can get WorkCover benefits 

Medical and Treatment Costs

All reasonable medical expenses are covered, including GP visits, specialist consultations, physiotherapy, surgery, medications, diagnostic tests like X-rays or MRIs, and assistive equipment such as crutches or braces.

Lost Wages

You’ll receive weekly payments if you can’t work or have reduced hours due to your injury. Most workers receive 95% of their pre-injury weekly earnings for the first 13 weeks, then 80% from week 14 to 130 (with some exceptions). These payments continue while you’re unable to work, subject to work capacity assessments.

Rehabilitation and Return to Work Support

WorkCover funds occupational rehabilitation, return to work programs, workplace modifications, and retraining if you can’t return to your previous role. Your employer has legal obligations under the employer’s OHS duties in Victoria to support your safe return to work.

Lump Sum Payments

If you have a permanent impairment from your injury, you may be entitled to impairment benefits – a one-off payment based on the severity and permanence of your injury.

Can You Claim Against the Client as Well?

Yes, potentially. You might have two separate compensation pathways: WorkCover through your employer’s insurance, and a public liability claim against the property owner.

A tradesperson injured on client property might pursue both claims if the client failed to maintain safe premises. For example, if they didn’t fix a broken step they knew was dangerous, or failed to warn you about a known hazard like a loose floorboard.

The key difference: WorkCover is a no-fault system that provides benefits regardless of who caused the accident, while a public liability claim requires proving the client was negligent. You can access WorkCover benefits immediately, but a negligence claim against the client takes longer and requires evidence that they breached their duty of care.

Some workers also qualify for a common law claim against their employer if serious negligence contributed to the injury. Understanding the difference between WorkCover benefits claims and common law damages claims helps you know all your options.

What If Your Employer Disputes Your Claim?

Employers or their WorkCover insurers sometimes dispute claims, arguing the injury didn’t happen at work or isn’t serious enough to warrant compensation. This doesn’t mean you’re not entitled to support.

You have appeal rights through WorkSafe Victoria’s conciliation process. If conciliation doesn’t resolve the dispute, you can escalate to the Medical Panel for medical questions or the Magistrates’ Court for legal disputes about your entitlement.

Don’t try to navigate a disputed claim alone. WorkCover disputes involve strict deadlines – missing a deadline can permanently affect your entitlement to benefits.

When to Get Legal Help

You should speak with a WorkCover lawyer if:

• Your claim has been rejected or disputed
• Your weekly payments have been reduced or stopped without explanation
• Your employer is pressuring you to return to work before you’re medically cleared
• You’ve suffered a serious or permanent injury
• You’re unsure whether you can claim against both WorkCover and the client

HCA Lawyers has helped hundreds of Victorian workers recover the compensation they deserve after WorkCover accidents. We understand how injuries sustained while working in clients’ homes create unique challenges – you might feel pressure not to “cause trouble” for the client, or worry about losing future work if you make a claim.

Your rights don’t change based on where you were injured. If you were hurt performing work duties, you deserve proper support and compensation, whether that happened in an office, a factory, or someone’s living room.

Our experienced WorkCover lawyers provide clear, honest advice about your entitlements and handle the entire claims process so you can focus on recovery. We work on a no-win, no-fee basis for most WorkCover claims. Contact HCA Lawyers today for a confidential discussion about your situation.

The post Injured While Working in Someone’s Home? Your WorkCover Rights in Victoria appeared first on Henry Carus + Associates.

These general obligations are the cornerstone of protecting employees and others from harm. Employees also greatly benefit from legislation which helps set what these terms mean for workers. Specifically, the Occupational Health and Safety Act 2004 (Vic) (“the Act“) sets out what every employer must do to ensure a safe work environment by identifying one of the most common risks to employees, Hazardous Manual Handling.

What is it your employer has to do?

1. An employer must as far as reasonably practicable identify any task undertaken or to be undertaken by an employee involving hazardous manual handling.
2. Eliminate, reduce and control the risk of a musculoskeletal disorder associated with a hazardous manual handling task, so far as is reasonably practicable.
3. If it is not reasonably practicable to eliminate the risk of a musculoskeletal disorder associated the employer must reduce that risk so far as is reasonably practicable by:

          (a)      altering—

        (i)   the workplace layout; or

(ii)  the workplace environment, including heat, cold and vibration, where the task involving manual handling is undertaken; or

(iii) the systems of work used to undertake the task; or

          (b)      changing the objects used in the task involving manual handling; or

          (c)      using mechanical aids; or

          (d)      any combination of the above.

So what is Hazardous Manual Handling?

Hazardous manual handling is defined as having any of the following characteristics:—

(i)       repetitive or sustained application of force;

(ii)      repetitive or sustained awkward posture;

(iii)     repetitive or sustained movement;

(iv)     application of high force involving a single or repetitive use of force that it would be reasonable to expect that a person in the workforce may have difficulty undertaking;

(v)      exposure to sustained vibration;

(vi)     manual handling of live persons or animals;

(vii)    manual handling of unstable or unbalanced loads or loads that are difficult to grasp or hold.

Identifying hazardous manual handling tasks

An employer can easily meet their obligations by performing regular Risk Assessments. That is the employer could and should regularly look at the tasks employees perform in the normal course of their workplace activities and identify those tasks performed by employees involving hazard manual handling. New or unusual tasks should also be assessed prior to the task being undertaken.

Performing a detailed risk assessment builds knowledge and understanding about hazards and risks in the workplace and helps to minimize the risk of injury to employees and others in the workplace.

When to assess risk

The Victorian WorkCover Authority (VWA) website or Worksafe recommends that a risk assessment should be done if:

• there is limited knowledge about a hazard or risk or how the risk may result in injury or illness
• there is uncertainty about whether all of the things that can go wrong have been found
• the situation involves a number of different hazards that are part of the same work process or piece of plant and there is a lack of understanding about how the hazards may impact on each other to produce new or greater risks.

What Should I Do as an Employee?

The Act sets out the five principles of health and safety two of which are that:

(1)   Employers and employees should exchange information and ideas to eliminate or reduce risks; and

(2)   Employees are entitled and should be encouraged, to be represented in relation to health and safety issues.

So if you are asked to do a task and are concerned that the process has not been evaluated by your employer, or you consider there may be a safer way to perform the task let your employer know. Certainly tell your employer know (preferably in writing and keep a copy) if you think repetitive work tasks actions may be causing you pain. Many shoulder and arm injuries arise from the frequent repetitive nature of factory work.

Emails are a great way to communicate – you can email your employer/supervisor your concerns and request a read receipt and if the matter is not addressed you can always refer back to your email and raise the issue again, consider whether to include the workplace Occupational Health and Safety Officer in your email.

The post Hazardous Manual Handling – Part One Employer Obligations appeared first on Henry Carus + Associates.

One of our clients had a nasty hand injury, but was able to return to work. His hand injury in our opinion warranted a serious injury certificate for a physical injury, and so we asked the VWA for a certificate for pain and suffering.  You need a separate certificate for loss of income, past and future, and we did not ask for it as the client had returned to work.

The VWA said no, and as we still believed in our client, we issued a court proceeding asking that a Judge grant us a certificate to allow us to seek compensation for pain and suffering.

Along the way our client’s mental health deteriorated so badly because of his physical injury that he was unable to remain at work and his future work situation was very poor.

So, we amended our court application to now ask for two certificates, for his mental injury, and for his pain and suffering and his inability to work.

In response, the VWA office told us that we could not do so, and especially not amend to ask for two certificates.

It was as though the VWA wanted to freeze our client in time, to a major disadvantage to our client. Such a view sounded ridiculous to us, as all court matters are addressed on the condition of the injured worker on the day of the hearing.

Unfortunately, there is no clear prior court decision on this issue, but that made no difference to us as we said that the law should be interpreted to benefit the injured worker.

There was no disagreement on the facts, the client was clearly permanently disabled from returning to work because of his psychiatric injury.

Instead of an acceptance of what had happened to the client, the VWA lawyers simply kept on sending us letters stating that what we were asking could not be done. They repeated that mantra up to the day of the court hearing, and on that day gave us both the certificates we had been requesting for over 18 months.  There was no indication from them that our legal position was right, or any concern with the mental anguish they had put our client through for an extended period of time by their refusal to accept our position.

Well on the positive side, before the VWA conceded and gave us both the certificates, their offer was very low.  However, after receiving the two certificates, their offer has gone up… by 1,000 % and our advice to the client – wait as we believe we can still do better!

The post When is Work Cover a Serious Injury? appeared first on Henry Carus + Associates.

All employers have a legal duty to ensure the health and safety of their employees, and this includes providing a safe and supportive environment for any injured worker looking to return to work. Aside from the legal obligation, a safe and supportive transition back to work leads to increased morale and strengthened working relationships – which are all great for business!

It’s important to remember though that an injured worker is not just someone with physical injuries. Any employee who has had to take time off for mental health issues or mental well-being needs to feel supported in their return to work.

So what are some of the things that you can do as an employer to support an injured employee to return to work?

Do not push their return to work

Often employees feel that they may be letting you down by taking time off. However, if an employee feels rushed to recover and return to work it can actually hinder their full recovery in the long-term, often leading to them needing to take additional time off down the track. The cost of a hasty return to work may end up outweighing the benefit of having the employee return.

Try to convey to your employees that their recovery is the most important matter and that they should not feel pressured to return to work.

Ensure good communication at all times

The best way that you can support an injured employee returning to work is to ensure effective communication between you and them at all times.

Communication prior to returning to work is important. If your worker suffers from a physical disability or impairment, communicate with your employee on any measures he or she may require to ensure you provide a safe working environment. An employee who trusts that they are working in a safe work environment is usually an employee who feels supported.

If your employee has a rehabilitation therapist, ask them if it would help if you contacted that therapist to find out what you can do to put in place the appropriate practices and protocols to ensure a safe transition back to work. By making necessary adjustments in the workplace that enable your injured employee to perform their duties more effectively, you have taken a significant step toward discharging your health and safety duties as an employer.

Responding to the particular needs of a worker could include providing flexible work arrangements (particularly for an employee who suffers from mental health issues). It may include changing a responsibility or duty within the role, or it may mean providing assistance to the injured employer with regards to managing equipment.

Whatever support is required, having a strong line of communication between yourself and your employee and any doctor or rehabilitative therapist can be a very strong indicator of a supportive and safe transition to work.

Recognise if a worker is feeling unsupported

Early warning signs that an injured employee may not be feeling supported at work can include: poor work performance; unplanned absences; moody, irrational or erratic behaviour; or isolation from other staff. Recognising early warning signs and communicating your concerns – privately – with that employee can encourage a supportive and safe work environment.

Ultimately, supporting an injured worker’s return to work is not just about discharging your health and safety obligations, but about creating a positive work morale in your business. If you adopt some of these suggested measures not only are you meeting your legal obligations, you are working towards maintaining a more productive long-term relationship with that employee.

The post An employer’s responsibilities to an injured employee and helping them return to work appeared first on Henry Carus + Associates.

Facilities

The first thing an employer must do is ensure that they maintain safe facilities. This means that equipment and machinery are safe to use, and that there are adequate safety measures in place to protect both employees and visitors. This could include signage or emergency equipment. Furthermore, employers must have a safe handling policy in place for any harmful or dangerous materials that may be dealt with.

Facilities such as clean toilets, kitchens, and drinking water is also a requirement. Training and instruction of employees is another area that must be taken seriously. This is so as to ensure that staff are aware of how to operate equipment and keep themselves safe in the workplace.

Health and safety

In addition to providing a safe working environment, employers are also required to monitor the health of their workers. This could be in the form of regular hearing tests for those who are exposed to loud machinery, or checking fatigue in workers who are constantly on the road (e.g. truck drivers). Maintaining records of this information is also required to show that check ups have been done and to aid with any medical queries that may arise in the future.

A large part of what makes up Occupational Health and Safety is support. For this reason, employers should hire qualified people who can advise on safety issues in the workplace, and appoint a health and safety representative that employees can turn to with questions. A member of senior management should also be appointed to handle complaints of workers and their representatives.

Injuries

When hiring an employee, the employer must convey the nature of the work and ask if the candidate has any injuries that may be affected by the role. This needs to occur in writing. It must also be stated that, should an employee fail to disclose a previous injury, future compensation claims will be deemed ineligible.

In relation to workcover claims, employers must ensure that they have WorkSafe injury insurance, and advertise to employees the process required to report any injuries. In the event of an injury, the employer must maintain the register and always comply with WorkSafe inspectors where necessary.

Following an injury, employers must implement a return to work plan for the affected employee with the assistance of a return to work coordinator. Heavy penalties can be incurred if employees are found to be not following protocol.

Conclusion

As mentioned earlier, safety precautions do not only apply solely to employees, but also to any visitors and even the general public. Adequate safety measures must be in place to protect anyone exposed to the premises.

Administrative tasks such as licensing, registration, and certification are also the employer’s responsibility to ensure that they are always compliant with the law. Penalties for breaching regulations can exceed $1 million.

The 2004 Act should be referred to for specific detail into an employer’s responsibilities, but the issue of workplace safety is one of critical importance. The penalties vary for different types of breaches, but they are all large enough to have a significant impact, and no employer should ever be in a situation where they might be breaching workplace safety regulations. Employees have every right to file a claim against their employer for unsafe practices and injury.

The post An Employer’s OHS Duties in Victoria appeared first on Henry Carus + Associates.

What is a work-related injury?

Some injuries are clearly work-related and others are not to so easy to determine. For example, an injury sustained on the way to and from work is not covered by workers’ compensation and it is technically not considered a work-related injury. Rather it is an injury outside of work obligation, even though you are getting to and from that obligation. However, if /the travel is for work – for example if you are travelling to a meeting – then any injury sustained during that travel is work-related. It is only for travel to and from the fixed location of work that the injury is not covered. The work related injury need not be physical. It can also include diseases or illnesses. A sound example of this is when a worker suffers from an illness or disease as a result of exposure to asbestos. Or perhaps a dust disease due to exposure to dusty conditions without the appropriate workplace policies and safety procedures in place. It is helpful to understand that you are covered by workers’ compensation for an injury sustained as a result of your own misconduct so long as it was within the course of your employment or for an exacerbation or aggravation of any pre-existing injury. As to any  misconduct, such can be for example not wearing gloves when are meant to be worn on a job. Such would be a breach of the the rules, even if this is a common practice by you and other employees. If you injure your hand on machinery as a result of this misconduct, your injury will still be covered by workers’ compensation, and you will get the statutory benefits. As for a pre-existing condition, your injury or illness is covered by workers compensation if, as a result of your employment, that injury reoccurs or is aggravated or exacerbated.

What about mental conditions?

Most mental conditions are covered by workers’ compensation. The difficulty may lie in proving that the mental condition is work-related. The condition may arise out of a certain event, such as trauma after seeing someone else suffer a physical injury, or it may be a condition suffered over-time, such as stress, depression or fatigue. For either of these scenarios, the condition may be covered by workers’ compensation as it is work-related. The condition, however, must be shown to have been caused somehow by workplace events or as a result of you carrying out your duties at work. If workplace bullying has caused an emotional distress and mental condition, then any psychological help or support services sought will be covered by workers’ compensation. Ultimately, whether it is a physical injury, a disease or an emotional/psychological condition, if you were acting within the scope of your employment at the time the injury or condition was sustained or aggravated, then almost any injury will be considered a work-related injury and covered by workers’ compensation. Whatever the injury, if any difficulty arises in proving that the injury is work-related then it is best to seek advice from a personal injury lawyer who can put you in touch with the appropriate medical staff to assist with that determination. At the same time, you can be advised of what you may be entitled to in workers’ compensation: that is, what bills are covered, how much of your income is covered, and for how long. Finally, a good personal injury lawyer will be able to get you fair compensation for any permanent serious injury.

The post Injuries and Illnesses That Are Covered in Workcover Compensation appeared first on Henry Carus + Associates.

An employer owes more to you than simply paying wages. Your employer has a duty to ensure the health and safety of every employee at work under work and safety laws. Additionally, your employer owes you what in law is called a duty of care. In short, a duty of care can be seen as a person holding a responsibility to look after you in some way. It does not take a stretch of logic or law to see how and why an employer ought to be held responsible for looking after you.

In fact, in many aspects of society a duty of care may be owed by someone. You doctor owes you a duty of care to look after your health and not to be negligent in that care. If your doctor breached that duty you could face serious health consequences. Your local supermarket owes you a duty of care: think of those “slippery when wet” signs – they are about supermarkets trying to meet their duty of care to see to it that you don’t injure yourself.

However, given more time is usually spent at work than in almost any other aspect of one’s life, the most important duty of care could be considered the duty owed by your employer to you. If you are hurt at work: physically or psychologically, your employer may be liable for being negligent. Your employer may be negligent for the fact of the injury occurring or perhaps because they did not respond appropriately and this aggravated your injury. As a consequence of negligence, your  employer may owe you damages or compensation for any injury you suffered.

So is your employer negligent?

Considerations for establishing negligence:

• First there must be a duty of care owed to you by the person who was possibly negligent. This is present between an employer and employee; for instance, a duty to care for your health and safety at work.
• Was that duty of care breached? This involves a consideration of what a reasonable employer would have done in the same set of circumstances. Ask, did your employer fail to do something that a reasonable employer may have done in that situation? The answer may seem obvious when the question is put this way but it is not always that easy to determine when applied to a specific circumstance.
• Did harm occur as a result of that breach? The harm that did occur must be aforeseeable injury. That is, it involves considering the circumstances and the conduct of the employer and asking how likely is it that an ordinary person could’ve foreseen that the injury is one that could’ve resulted. For example, if an electrical cord was not put away and was left out for someone to trip over, then injuring oneself by tripping up on that cord is a foreseeable injury resulting from that circumstance. However, having a heart attack whilst putting away the electrical cord is an unforeseen injury. Your employer is considered negligent and held liable for the foreseen injuries only.

So if you have given these considerations some thought and the answers are affirmative to each of the above questions, then your employer may have been negligent in their duty of care to you. As a result, common law compensation may be available for the pain and suffering you have suffered and will suffer into the future and for the loss on income you have suffered and will suffer for the remainder of your work life.

The Victorian WorkCover Authority which manages most work related accidents through it’s insurance agents will provide statutory benefits for costs such as medical bills, income lost, and even a bit of lump sum compensation for a permanent injury.

However, to know if you are entitled to common law compensation, it is recommended that you seek professional legal advice on the matter. As experienced personal injury lawyers, we devote our whole careers to this area of law. You don’t have to worry about paying for the first consultation and you won’t have to pay at all if you don’t win.

Do not think the problem is not worth seeing a lawyer about – particularly if your employer has been negligent. You at least ought to know your rights in this area and make an informed decision about whether to pursue them. Employers who are negligent ought to be held accountable: for you and every employee who continues to work there.

An employer owes more to you than simply paying wages. Your employer has a duty to ensure the health and safety of every employee at work under work and safety laws. Additionally, your employer owes you what in law is called a duty of care. In short, a duty of care can be seen as a person holding a responsibility to look after you in some way. It does not take a stretch of logic or law to see how and why an employer ought to be held responsible for looking after you.

In fact, in many aspects of society a duty of care may be owed by someone. You doctor owes you a duty of care to look after your health and not to be negligent in that care. If your doctor breached that duty you could face serious health consequences. Your local supermarket owes you a duty of care: think of those “slippery when wet” signs – they are about supermarkets trying to meet their duty of care to see to it that you don’t injure yourself.

However, given more time is usually spent at work than in almost any other aspect of one’s life, the most important duty of care could be considered the duty owed by your employer to you. If you are hurt at work: physically or psychologically, your employer may be liable for being negligent. Your employer may be negligent for the fact of the injury occurring or perhaps because they did not respond appropriately and this aggravated your injury. As a consequence of negligence, your  employer may owe you damages or compensation for any injury you suffered.

So is your employer negligent?

The post Know Your Rights About Workplace Safety and Employer Negligence appeared first on Henry Carus + Associates.

The construction industry has one of the highest  incidents of workplace injuries every year. VWA Health and Safety week hopes to improve worksite safety by educating workers and employers about Safe Work protocols and policies that address the common hazards of the job. It also aims to promote the importance of supervision by employers, and the need for employees to be vigilant about what they are doing. Injuries can arise out of the simplest of tasks, such as falling off a ladder, simply because due attention has not been given to the task.

VWA Health and Safety week begins at the Melbourne Convention and Exhibition Centre on the weekend of 20 to 22 October 2014. It will also be promoted across the state of Victoria in regional locations from 20 to 31 October 2014.

During this time VWA will run free seminars. Representatives from VWA and industry experts will be giving presentations to educate and inform any type of employee and every kind of employer about best practice health and safety measures, but will particularly focus on those in industries where workplace injuries are common. These include the construction industry, farming industry, and mining industry.

One of the presentations worth noting this year will be a talk given by Darren Flanagan, who was the explosive expert at the Beaconsfield mine and rescued two miners trapped there. Another noteworthy presentation this year is from Bernard Salt, who will be talking about the social and demographic trends in workplace safety.

In addition to VWA Health and Safety week, VWA presents awards for recognising and rewarding Victorian businesses who have implemented outstanding workplace health and safety measures. Entries for 2014 have already closed, but you can submit entries all year round. Visit Work Safe Awards if your employer deserves to be entered. VWA Awards are all about rewarding leading contributors to health and safety practices. Some of the awards include:

• Health and Safety representative of the year: For 2014 it was Christian Sanderson. You can read about his achievements here.
• Health and Safety Committee of the year
• Best solution to Specific Workplace Health and Safety Issue
• Excellence in Health and Safety Management
• Employer Excellence in the Return to Work: The importance of a personalised and appropriate return to work strategy that supports the injured worker to encourage recovery and sustained integration back to work is recognised with this award. In 2013, Union Hydraulics Pty Ltd won this prestigious award.

Additionally, this awareness week is not simply about safety in the workplace, but also about promoting wellbeing. It is a known fact that stress affects an employee physically as well as mentally, and it’s important for employers and employees to promote mental health and wellbeing just as much as physical safety in the work place. VWA seeks to promote this approach with an award given to the business or employer that has demonstrated a commitment to health and wellbeing at work. In 2013 the award for Commitment to Health and Wellbeing went to Dowell – Boral.

Ultimately, whether its educating workers and employers by rewarding outstanding contributions, or offering free seminars during VWA Health and Safety week the week, the aim of VWA is to minimise workplace stress and injury so that workers return home safely to their families at the end of their working day. For more information about this event, see the VWA website.

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In the case, Victorian YMCA Community Programming Pty Ltd v Nillumbik Shire Council and Victorian WorkCover Authority (VWA), the injured worker was a swimming teacher employed by Victorian YMCA Community and sent to work at a swimming centre operated by the Nillumbik Shire Council. She was injured when she slipped and fell at the centre.

Two separate trials were run. The first was by the worker against her employer and the Shire, because the centre was slippery and improperly constructed. She won her claim against both, because of areas of law dealing with responsibility for the condition of the centre.

The VWA followed with its own claim against the Council in separate proceedings. It sought to recover all payments it had made to the worker under its legislative obligations to pay medical expenses, income benefits and a lump sum for a permanent injury.

In this case, two entities were both being held responsible for the condition of the centre, even though one was only the employer of the plaintiff and not the one that owned and operated the centre. This reason that both could be found responsible is that the employer cannot let go of its duty to provide a safe work area to its employee, simply by sending the employee to work at another location.

The law requires the employer to ensure the work site is safe, by its own independent assessment and ongoing inspections, and to take whatever steps are needed to address any dangers at the other location.

This situation is very common. It will become more common as more people are employed through companies that send them to work at other locations, or through labour hire companies that operate solely by being the go-between that finds and hires a person to work at another location.

In such situations, it is very important that anyone injured ensures they report any problems, not only to the place where they are working but also to their own employer. This step seems very strange to many workers, as they cannot see how their employer can do anything about the work environment at another location.

Unless each and every worker employed in this situation is aware of this ongoing responsibility held by the employer, the employer may not be properly advised of the need to address work safety issues.

If unfortunately an accident does occur, then the worker needs to ensure that he or she records whatever evidence can be obtained at that time, for example by taking photos or videos of the work conditions that caused the injury.

This advice is critical, as often the work environment will not stay the same or the worker may not be able to get access to the work environment again.

The post Who is Responsible For A Work Accident That Occurs Outside of the Workplace? appeared first on Henry Carus + Associates.