Workplace negligence is a significant area of Australian law that entitles employees who suffer injuries or illnesses while at work to seek compensation for their injuries or illnesses. This compensation may include reimbursement for medical bills, ongoing treatment, transportation, and care services, as well as a lump sum payment for lost wages.
The foundation of workplace negligence law rests on the principle that employers owe a non-delegable duty of care to their employees. This means employers cannot simply delegate safety responsibilities to others or allow safety issues within the workplace to go unaddressed. Instead, they must actively ensure that reasonable care is taken to prevent foreseeable harm to their workforce through training, the provision of proper safety equipment, and supervision.
Overview of Legislation for Workplace Negligence in NSW
Understanding workplace negligence law is essential for NSW employees, as recent 2024 statistics from Safe Work Australia show that NSW recorded the highest number of workplace fatalities, and there were a reported 139,000 claims nationally in 2023. These figures highlight the importance for both employers and employees to understand their respective rights and obligations under the law, especially regarding workplace safety.
The Workers’ Compensation Act 1987 (NSW) forms the cornerstone of the compensation framework, establishing a no-fault insurance scheme that provides medical treatment, weekly payments, and lump sum compensation for work-related injuries and illnesses.
This Act creates the primary safety net for injured workers, ensuring they receive immediate support, regardless of fault, whilst their injuries are assessed and treated. The Act also establishes important procedural requirements for lodging claims and sets out the various types of compensation available to injured workers.
Complementing this compensation framework, the Work Health and Safety Act 2011 (NSW) prioritises prevention over compensation, establishing comprehensive safety duties for employers, workers, and other stakeholders in the workplace.
This Act places primary duty of care obligations on persons conducting businesses or undertakings (PCBUs), requiring them to ensure, so far as reasonably practicable, the health and safety of workers. The Act empowers SafeWork NSW to investigate workplace incidents, issue improvement and prohibition notices, and prosecute breaches of safety duties.
The Civil Liability Act 2002 (NSW) governs common law negligence claims, including workplace negligence cases where injured workers seek damages beyond workers’ compensation entitlements. This Act introduces important limitations on damages, including thresholds for non-economic loss claims and caps on certain types of damages. It also codifies principles relating to causation, contributory negligence, and the assessment of damages in personal injury matters.
The Personal Injury Commission Act 2020 (NSW) established the Personal Injury Commission as the primary forum for resolving workers’ compensation disputes and work injury damages claims. This Act streamlined dispute resolution processes and created specialised divisions within the Commission to handle different types of workplace injury matters more efficiently.
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Elements of a Workplace Negligence Claim
Establishing Duty of Care
Duty of care cannot be discharged simply by delegating safety responsibilities to supervisors, safety officers, or independent contractors. The employer retains ultimate responsibility for ensuring that reasonable care is taken to protect employee safety and well-being.
This duty of care encompasses not only the physical workplace environment but also the entire framework within which employees perform their duties. A safe system of work encompasses proper task planning, identification and assessment of hazards, implementation of control measures, provision of appropriate equipment and training, as well as ongoing monitoring, adequate supervision, and review of safety procedures.
Additionally, training obligations extend beyond basic induction programs to include ongoing skills development, safety awareness, and specific training related to new equipment, procedures, or hazards. Employers must ensure that training is not merely provided but is effective, regularly updated, and reinforced through ongoing supervision and support
Breach of Duty
Breach of duty occurs when an employer fails to meet the standard of care that would be expected of a reasonable employer in similar circumstances. This failure can manifest in various ways, each representing a departure from accepted safety practices or reasonable precautionary measures.
Failure to provide a safe workplace includes:
- Breaches of both physical and psychological safety
- Provision of inadequate safety equipment and procedures
- Insufficient training or warnings that do not adequately prepare employees for the risks they may encounter
Causation and Damages
To establish causation, it is necessary to demonstrate both factual and legal causation between the employer’s breach of duty and the employee’s injury or illness. This can be challenging in cases involving gradual onset injuries or where multiple factors may have contributed to the harm.
Courts consider whether the harm was a reasonably foreseeable consequence of the breach and whether the chain of causation between breach and harm is too remote to justify compensation.
A workers’ compensation team will file to claim different types of recoverable damages in workplace negligence cases, including economic loss (such as lost earnings and medical expenses), non-economic loss (pain and suffering, loss of enjoyment of life), and in cases of severe injury, costs of future care and assistance.
Notable Workplace Negligence Cases in NSW
Koehler v Cerebos (Australia) Ltd (2005) HCA 15
The High Court’s decision in Koehler v Cerebos represents a landmark ruling that significantly clarified the law relating to workplace stress and the complex issues of causation that often arise in such cases. Mr Koehler developed a repetitive strain injury while working as a packer at Cerebos, claiming that his employer’s failure to provide adequate training, equipment, and work organisation contributed to his condition.
The case addressed the challenging question of how to establish causation in cases where injuries develop gradually over time, potentially involving multiple contributing factors. The High Court emphasised that plaintiffs must still establish that the employer’s breach of duty materially contributed to their injury, even in cases of gradual onset conditions.
This significantly impacted workplace negligence claims involving repetitive strain injuries, occupational overuse syndrome, and other conditions that develop progressively.
The Koehler decision reinforced that employers cannot simply argue that repetitive strain injuries are inevitable consequences of certain types of work. Instead, they must demonstrate that they took reasonable steps to minimise risks through proper job design, regular breaks, training in safe work techniques, and provision of appropriate equipment and workstation setup.
Strong v. Woolworths Limited T/as Big W and Anor (2012) HCA 5
The Strong v Woolworths case provided crucial guidance on employer liability for repetitive strain injuries in retail environments, addressing important questions regarding:
- Employer knowledge
- Foreseeability of harm
- The standard of care required in modern workplaces
Ms Strong developed bilateral carpal tunnel syndrome while working as a checkout operator for Woolworths, attributing her condition to repetitive scanning motions required in her role.
The case examined whether Woolworths knew or ought to have known about the risk of repetitive strain injuries associated with checkout operations, and whether the company took adequate steps to minimise such risks. The High Court’s analysis focused on the foreseeability of harm and the reasonableness of the precautions taken by the employer.
The case established important principles about the standard of care required in retail environments, emphasising that employers must stay abreast of developing knowledge about workplace health risks and implement appropriate preventive measures. The decision has influenced how retailers approach ergonomic issues, training programs, and workplace design to minimise repetitive strain injury risks.
Common Types of Workplace Negligence Claims
Physical Injuries
Physical injuries that are common in workplace negligence claims include:
- Manual handling injuries from unsafe lifting, inadequate mechanical aids, poor workspace design, etc., which can include a broad range of conditions affecting the back, neck, shoulders, and other parts of the musculoskeletal system.
- Repetitive strain injuries encompass a broad range of conditions affecting the muscles, tendons, nerves, and other soft tissues, typically developing gradually over time as a result of repetitive or sustained activities.
- Falls and slips from unsafe walking surfaces, inadequate lighting, or a lack of hazard warnings.
- Machinery-related accidents can involve catastrophic injuries as a result of inadequate guarding, insufficient training, poor maintenance, or failure to implement safe work procedures.
- Chemical exposure as a result of inadequate risk assessment, failure to provide appropriate personal protective equipment, insufficient training about chemical hazards, or inadequate control measures to minimise exposure risks.
Physical injuries that can be eligible for compensation can include injuries to a specific part of the body or whole-person impairment.
Psychological Injuries
Psychological injuries can include a range of mental health conditions, from work-related stress and burnout to post-traumatic stress disorder. These types of injuries can have serious health consequences and can result from excessive work demands, inadequate support, and poor workplace management.
These cases often involve employees who have developed anxiety, depression, or other mental health conditions as a result of unreasonable workloads or expectations, inadequate resources, poor communication, bullying or harassment, persistent mistreatment by colleagues or customers, or lack of management support.
Occupational Diseases
Occupational diseases are illnesses that develop as a result of exposure to work-related conditions or tasks. Common conditions that have formed the basis of workplace negligence claims include:
- Asbestos-related conditions, including mesothelioma and asbestosis.
- Noise-induced hearing loss occurs when prolonged exposure to loud noise results in permanent hearing damage.
- Chemical-induced illnesses involve occupational diseases resulting from exposure to various hazardous substances, including solvents, pesticides, heavy metals, and other industrial chemicals.
Seeking Legal Assistance for Your Workplace Negligence Claim
Serious injury or illness cases typically warrant legal consultation, particularly where the consequences are likely to be long-term or permanent. Complex medical conditions, significant time off work, or injuries requiring ongoing treatment and care often justify the expense and complexity of legal proceedings.
Disputed workers’ compensation claims benefit from legal advice, especially where insurers deny liability, dispute the extent of injuries, or refuse to provide appropriate treatment or compensation. Lawyers can help navigate the complex workers’ compensation system and ensure that workers receive their full entitlements.
Specialisation in workplace injury law is crucial, as this area involves complex interactions between workers’ compensation, work health and safety, and common law negligence principles that require specific expertise and experience to navigate effectively
Key Takeaways
- Employers have a non-delegable duty of care, meaning they remain responsible for your safety even when delegating tasks to supervisors or contractors.
- If your employer was negligent, you may be entitled to additional compensation through common law claims, including pain and suffering damages.
- Repetitive strain injuries, occupational diseases, and psychological conditions that develop over time can form the basis of successful negligence claims.
- Work-related stress, anxiety, depression, and PTSD caused by poor workplace management, bullying, or excessive demands can be claimed as workplace negligence.
- Serious injuries, disputed claims, or cases involving long-term consequences require specialist legal advice to ensure you receive full compensation entitlements.
Do You Need Advice on a Workplace Negligence Claim?
If you’ve been injured at work or developed an illness due to your employer’s negligence, you don’t have to navigate the complex legal system alone. The interaction between workers’ compensation, workplace safety laws, and common law negligence creates a challenging landscape that requires specialist expertise to ensure you receive the full compensation you deserve.
Whether you’re dealing with a physical injury, psychological condition, or occupational disease, our experienced legal team understands the unique challenges you’re facing and can guide you through every step of your claim.
Don’t let uncertainty about your rights prevent you from seeking the justice and financial support you need to recover and move forward – contact Burke Mead Lawyers today for a free consultation to discuss your workplace negligence claim.
