The Work Health and Safety Act (WHS Act) regulates workplace safety for QLD employees. All employers have a legal duty to minimise the risk of harm at work and provide a safe workplace. When your boss fails in their duty of care and you are injured in a work accident, our workplace health and safety lawyers help you know your legal rights.
Queensland business owners must comply with WHS requirements specified in several government legislation pieces. Employers must:
Everyone has an implied duty of care at work to keep each other safe. If you see something you believe is a workplace hazard or witness someone in danger of being harmed, you should report this to your employer immediately.
If you have a work-related injury, or illness, you should
1) Lodge and accident report with your employer
2) Contact an expert workers’ compensation lawyer to know your legal position.
You do not need to prove who was responsible for your accident. WorkCover is the leading workplace insurance provider for Queensland employers, and they administer the workers’ compensation scheme.
The role of Workplace Health and Safety Queensland is to administer workplace health and safety laws. Their part is to minimise the chance of workers being injured or killed while on the job. The relevant legislation includes:
Not abiding by these legal obligations can have serious financial consequences for your business owners and other stakeholders.
When you are harmed because of your job in Queensland, you could have a valid workers’ compensation or WorkCover claim, regardless of whether you are employed permanently, casually or part-time. Physical injury, occupational acquired illness and mental health conditions all qualify. Please get in touch with Splatt Lawyers if:
√ You have developed a new illness or damage due to your work
√ Your existing health condition has escalated because of work
√ You have a mental illness related to your job
√ You could seek lump sum compensation for a permanent injury
√ WorkCover has rejected your claim
√ Your employer is forcing you to go back to work
√ WorkCover won’t fund some of your expenses
√ You want to understand your legal rights
If an accident is considered to breach QLD WHS law, the business may be ordered to attend court. Workplace Health and Safety QLD will investigate to determine the following:
1) Did the business establish and maintain a safe working environment
2) Did they assess the risk of the work that caused the accident or injury
WHS Queensland will consider if the business had completed a risk assessment and taken steps to remedy the situation, would the injury risk have been removed? The employer could be given a prohibition notice to prevent them from doing any related work and face disciplinary action, such as prosecution of offences. Consequences include steep fines, a monetary penalty, and possible prison time (in some cases).
Workplace Health and Safety Queensland investigate when someone is killed in a work accident. If a hazard creates a risk that was reasonably foreseeable and should have been addressed (but wasn’t) and someone dies as a result, the business will face prosecution.
It’s dangerous to be working high off the ground. Your injuries will be far more severe than a ground-level trip, slip or fall. If you fall from a high place, you’re more likely to sustain a serious injury than someone who falls from a lower position. It is dangerous for others below because falling objects can cause severe injuries. Construction workers can fall off scaffolding and ladders.
Employers could minimise the risk of fall accidents by ensuring that only licenced scaffolders install scaffolding and that everyone is wearing & using the appropriate safety equipment.
Dangerously high noise levels at work can damage your hearing. If your job causes you to tolerate excessive noise over time, you could experience hearing loss, known as industrial deafness.
You will likely be unaware you have damaged hearing until you have a professional hearing test. Hearing loss is a progressive condition with small reductions over time, causing your brain to adjust so you barely notice. If you think you might have lost hearing because of your occupation, please contact our work injury solicitors now. We will arrange a hearing assessment and let you know your right to claim industrial deafness compensation.
Repeating a movement or series of actions over a long period can cause body strain leading to soft tissue damage. This is known as RSI or repetitive strain injury.
You can have RSI in many body parts, including your wrists, elbows, shoulders, neck, hands and ankles. Work that requires repetitive physical actions is likely to cause soft tissue damage like:
Poor workplace design can make employees prone to damage. Hence, employers should conduct regular audits to ensure their staff are not at risk.
Construction sites are inherently dangerous environments. A construction site is usually a significant space where many trades work together, each operating machines and equipment. Noise levels in these workplaces are high enough to cause noise-induced hearing loss.
Construction site injuries usually occur when workers lift heavy objects, pull or push them, or get cut or hit by them.
Physical injury from lifting heavy objects is a frequent type of workers’ compensation claim. Employees get harmed lifting something too heavy for them or lifting it from the wrong angle, resulting in back, neck, shoulder or spinal damage. People often suffer damage when:
You can get a lifting injury from one event or a series of repetitious actions. You will have a higher risk of harm if you work in a crowded environment or with uneven surfaces.
You might be owed compensation if you have suffered an illness, psychological disorder or physical injury because of your job. You must act quickly, as time limits can apply. The steps you take soon after being harmed will also impact the outcome of your case. Contact our workplace injury lawyers now for expert legal advice.
There is no cost to know your legal rights, and you pay nothing until we win your case. Call 1800 700 125.