The restrictions placed on injured workers who want to claim common law damages against their employers are varied across jurisdictions. In this article, two employment lawyers highlight the facts employers should be aware of if faced with a negligence lawsuit.
In determining whether an injured employee can perform the inherent requirements of a job, employers must ensure they rely on medical evidence and not their own assumptions, two employment lawyers have stressed.
Return-to-work plans with set stages, developed with employee input, offer employers and workers the best chance of a speedy and sustainable return to duties, says a RTW expert.
A Northern Territory worker who claimed he injured his back while lifting 91kg concrete caps has lost his damages bid, after the Supreme Court found his employer explicitly forbade such work, and surveillance footage contradicted his claims.
Communicating with employees who are absent on workers' compensation has benefits for both workers and employers, but it is vital employers find out how often a worker would like to be contacted, according to a regulator's customer services general manager.
Start date confirmed for heavy vehicle safety laws; Tasmania's safest employers announced; and New safety alerts and guidance released in five jurisdictions.
Employers have limited opportunities to influence medical panel determinations in workers' comp disputes, but should always provide as much documentation as possible to advance their position, says Minter Ellison Lawyers partner Maria Billias.
Employers that disagree with an insurer's decision on a workers' comp claim should prepare well to make their written and spoken appeal submissions as "compelling" as they can, says employment lawyer Hedy Cray.