Navigating Common Law Claims: Your Guide to Legal Representation

Common Law Claims Legal Representation: As a worker, you deserve to work in a safe environment, and it's the responsibility of your employer to ensure that safety. Your employer's duty of care extends to wherever you're asked to work, not just the main workplace. This means they must take reasonable steps to guarantee your safety, whether you're at your primary workplace or elsewhere.

Your employer is obligated to provide:

  • a safe work environment,
  • a safe system of work,
  • reasonable and appropriate job tasks,
  • properly functioning equipment,
  • adequate training and instructions.

All these measures are in place to ensure your safety while working. However, in the unfortunate event of an injury at work, it's important to understand whether your employer breached their duty of care.

Establishing Fault: Proving that your employer failed to provide a safe work environment can be a complex process. Various factors are considered, such as the condition of machinery, adherence to policies and procedures, adequacy of training and supervision, and whether foreseeable risks were identified for manual tasks.

Support and Apology: Workplace injuries can be distressing, and it's crucial to foster open communication between workers and employers. Employers can offer support by genuinely expressing regret or offering an apology, without admitting fault, regardless of how the injury occurred.

Contributory Negligence: In cases of workplace injuries, WorkCover Queensland may assess whether you contributed to the incident in any way, known as contributory negligence. If proven, this may affect the amount of compensation awarded.

  • Visit their website www.qls.com.au for more information.
  • This video has information which might help you decide whether to proceed with a common law claim.

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