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Worker injuries and the legal entitlements





Under the laws, the term ‘’worker’’ covers a lot more than one might think. Not only the workers of heavy industries, but employees can also be classed as a worker in these circumstances. As countless industries require a great labour force, many people join these works as a worker. The increasing number of workers in Australia demonstrate that these workers should be aware of their rights during tough times. Once a worker sustains an injury due to his/her work, there are many legal options that can be pursued to compensate for the loss of the worker. Either it is an accident in the workplace or out of the workplace, these legal options support the injured workers and aid them to secure their future.

Work-related injuries

As the majority of the workers are active in industries that require great manpower, the working conditions can sometimes be harsh. The workers should ensure that their limits and physical capabilities are not pushed beyond what a standard worker can handle. Overworking can cause the muscles to weaken, and these weakened muscles are very vulnerable to harm, which can leave the worker with permanent injuries.

Most of the time, the main cause of work-related injuries are preventable factors. Even if the accident was not foreseeable, the employer’s duty is to assess the risk and take reasonable action to prevent potentially adverse situations. Work injuries can be in many different forms. From suddenly arising accidents to psychological injuries which progresses in a long period, workers are given the legal option to receive compensation to retrieve their losses. Workers’ rights are beyond the work in the office or the field. If a worker progresses a disease while in a break or in traffic, the same workers compensation benefits apply to the case.

Workers compensation scheme

As mentioned earlier, the definition of a worker is very broad and contains employees, interns, labour-hire company workers and medical attendants. Especially the health workers are facing an enormous risk with the unending COVID-19 pandemic. Even before the pandemic, health care workers were working in risky conditions that are unfortunately inherent in medical professions. A good example could be a dentist’s working conditions. Whilst performing a dental treatment, it is highly probable to be exposed to any infections that the patient carries. During the pre-pandemic era, these infections could be minor illnesses such as the common flu. However, with the increasing numbers of COVID-19 cases all around the world, the odds may not be in the doctor’s favour as COVID-19 can leave permanent airway injuries. Such an occasion can prevent the doctor to work in the future, therefore, decrease the income of the victim. Although this is an obvious risk, medical professionals still have to perform their duties for the good of the citizens. For this and similar reasons, workers compensation is based on the no-fault scheme. This means, coronavirus infection can never be considered as the doctor’s fault or lack of personal are.

Workers compensation claims process and legal advice

Regardless of in what industry the worker is working, the accident should be reported to the employer as time limits may apply. This is also important for recovering the past economic loss of the worker. However, the entitlements might differ depending on many variables. For this reason, it would be advantageous to request legal help from a workers compensation lawyer as this option is also free of charge. Another privilege given to the workers is the option to benefit from the skills of a lawyer without any costs. In Australia, Workers Compensation Independent Review Office covers the legal expenses of the workers even if the claim gets denied.

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