Fatal Work Accidents – Australian Compensation Claims

In all work situations an employer is responsible for taking reasonable care for the health and safety of employees. This is a legal duty of care imposed on employers by law with no exceptions. Most employers take out insurance against the risk of paying damages for negligence. Fatal work accidents occur in many industries with the building trades at particular risk from serious injuries and fatalities. Most deaths that occur in a work environment for which an employer may be held liable occur as a result of :-

• falls from height
• collision with motor vehicles
• slipping & tripping particularly into machinery
• exposure to hazardous gases, vapours, liquids and chemicals
• falling objects including scaffolding and cranes
• scaffolding collapse on construction sites
• demolition accidents

SOLICITORS HELPLINE 1800 339 958

Risk Assessment

In all industrial situations employers are expected to carry out risk assessment for all tasks that may be considered potentially capable of causing personal injury. Once assessed an employer is expected to take reasonable steps to reduce any risk identified to an acceptable level. If an employee is injured as a result of failure to properly asses risk and deal with it appropriately then an employer will be deemed negligent and a work accident compensation claim will succeed with the payment of damages. In the event of a fatal accident at work the damages calculation can be complex and includes items that may be considered to be the deceased’s claim and other items that may be considered as the dependants claim.

SOLICITORS HELPLINE 1800 339 958

Personal Injury Solicitors

If you are the next of kin or a dependant of the victim of a fatal work accident that was caused by the negligence of an employer, we are able to make a compensation claim on a no win no fee basis. If you would like free advice just complete the contact form or email our offices and a lawyer will telephone to give information on how to protect your legal right to claim compensation with no further obligation.