Workers Compensation and HR Issues From The Plaintiff’s Perspective: August Summary
This month Rahul Bedi, Associate at Maliganis Edwards Johnson, spoke about workers compensation in the ACT.
The ACT system
- There are two types of claims which arise when a non-government worker sustains an injury during the course of their employment:
- No fault statutory scheme – for an injury sustained by a worker in the ACT pursuant to the Workers Compensation Act 1951 (ACT) [WCA 1951]; and
- Common law damages claim arising out of injuries sustained at work due to the direct or indirect negligence by an employer.
Takeaway messages for employers
- Ensure that your reporting and documenting processes are in compliance with the legislation (see ss92-94 WCA 1951);
- The Safe Work Australia website has useful information and checklists to minimise the risk for injury in the workplace (https://www.safeworkaustralia.gov.au/workers-compensation);
- If an employee is injured, contact your workers compensation insurer as soon as possible to seek advice. It is also a good idea the injured worker seeks legal advice early on in the piece as this can often lead to a shorter claims process; and
- Have periodic reviews and ask questions such as:
- When was the last time we ran training?
- Do we have a workers compensation process and does it comply with current legislation and standards?
- How can we help injured employees and their return to work?