Getting hurt on the job is traumatic, leading you to incur medical bills, lost income, and worry about your legal rights. For Australians injured in the workplace, you most likely ask, “Can I sue my employer for what happened?” This blog will demystify your rights, highlight the significance of workers’ compensation, and set out when pursuing litigation can be considered an option.
Understanding Workers’ Compensation
Australia’s scheme of workers’ compensation is established to look after workers who become injured or sick due to work. Its no-fault framework allows the injured to recover in terms of medical expenses, cost of rehabilitation, and wages while they recover without finding fault on employers. It basically ensures that regardless of fault, workers shall receive health and monetary aid when recovering.
But workers’ compensation is not without its limitations. While it gives necessary financial support, it does not usually allow for room for pain and suffering compensation, short-changing some employees, especially in the case of severe injury.
When Can You Sue Your Employer?
As per Australian law, workers are typically not permitted to sue their employers because the system of workers’ compensation is structured to shield employers from liability in exchange for offering automatic benefits to injured workers. Exceptions to the general rule do exist, however.
Staff may sue the employer under certain conditions, for instance, situations relating to gross negligence or breach of duty of care. Gross negligence might be when the employer chose to disregard security measures deliberately and ended up injuring someone. Also, actions regarding psychiatric harm triggered by toxic work environments, upon a showing of negligence, could be grounds for litigation.
It should be remembered, however, that to file a lawsuit involves proving fault and demonstrating that the injury was the direct result of the employer’s failure to fulfil their legal duties. This is a more complex process than is required to receive standard workers’ compensation benefits.
Seeking Legal Advice
It can be overwhelming to sort through the difference between workers’ compensation claims and employer lawsuits, especially when you’re recovering from an injury. Having a personal injury attorney like Marsden’s Law Group in your corner can be the difference. Experienced attorneys can go over the facts of your case, determine if seeking legal action is possible, and guide you through the process.
Legal professionals can also ensure the proper evidence is gathered and that you are adequately informed regarding timelines and possible results, leading you to make the most optimal decisions. Having the proper legal counsel could be the difference between getting rightful compensation and continuing in difficulty.
Know Your Rights and Take the Next Step
Understand your legal entitlements after being injured at work. While workers’ compensation is a valuable insurance net, filing a lawsuit against your employer might be possible where negligence can be established. You can seek help from professional counsel to sort this out and gain justice.
If you need help with claiming your rights after sustaining an injury while working, you should approach an attorney specialising in Australian workplace law. They will provide guidance and facilitate the recovery process as well as the compensation procedure.
