In Australia, many illnesses and injuries that occur within or as a result of the workplace will be covered by Workers’ Compensation. However, when an employee suffers a workplace injury due to their employer's negligence, the employer could face liability through a personal injury claim. This process can be intricate and costly, highlighting the importance of employers understanding their legal duties and taking proactive steps to safeguard their workforce.

How does personal injury law work?

Personal injury law in Australia serves as a safeguard for individuals injured due to another's negligence. Employers have a fundamental duty of care to create a safe working environment. If an employee is harmed due to a breach of this duty, the employer may be held accountable.

What can trigger a personal injury claim?

Workplace injuries or illnesses capable of triggering a personal injury claim vary. Some common instances include:

• Slips, trips, and falls: These frequent accidents can cause injuries ranging from fractures to head trauma. Maintaining a clean and organised workspace, using safety equipment, and providing adequate training are key prevention measures.
• Work-related stress and burnout: These can cause physical and mental health problems. Fostering a supportive environment, offering flexible arrangements, and providing stress management training are crucial.
• Bullying and harassment: These can lead to significant psychological harm. A clear policy, training, and prompt investigation of complaints are necessary.
• Repetitive strain injuries (RSI): Caused by repetitive tasks, these affect various body parts. Designing ergonomic workplaces, allowing breaks, and educating employees can help prevent RSI.
• Machinery accidents: These can lead to severe consequences like amputations or burns. Training, safety guards, and proper equipment maintenance are essential.
• Exposure to hazardous substances: This can result in various health issues. Personal protective equipment, training, and safe work practices are vital safeguards.

What are the employer’s obligations?

Employers have several obligations under workplace health and safety and personal injury laws. These include:

• Providing a safe working environment
• Ensuring adequate training and supervision
• Maintaining safe machinery and equipment
• Taking reasonable steps to prevent accidents and injuries
• Promptly investigating and addressing incidents
• Reporting serious incidents to authorities

When will a workplace injury be eligible for a personal injury claim?

While many workplace injuries fall under Workers' Compensation, an employee might also pursue a personal injury claim. To succeed, they must demonstrate that the employer:

• Owed them a duty of care
• Breached that duty
• The breach directly caused their injury

The employer's duty of care is extensive, encompassing:

• Providing a safe workplace
• Offering sufficient training and supervision
• Maintaining safe equipment
• Taking reasonable preventive measures

If a breach leads to injury, the employer might be liable for damages, including:

• Medical expenses (past and future)
• Lost income
• Pain and suffering
• Reduced quality of life

Employers must recognise the potential for personal injury claims and implement robust safety measures. Having appropriate insurance coverage and seeking legal counsel for both risk management and potential claims are also crucial steps in protecting both the business and its employees.