Arda Seyman

Knowing your rights is of major importance after an accident Unintentional actions or omissions of others can result in harm that may be hard to withstand. Considering the variety of physical and economic difficulties you might sustain, you would surely need some clear advice. Being aware of your rights is crucial as your post-accident sufferings can be hard to resist and the situation should be reversed to continue your life just as it was before. A compensation’s literal meaning is the recovery of your loss by way of monetary damages. This means that the amount that is to be paid to you should be sufficient to recover your loss and sustain your life without facing financial difficulties due to your injuries. Personal injury laws offer benefits to injured workers Considering the usage of heavy and electrical machinery in numerous industries, work accidents can result in more painful injuries. In the blinking of an eye, these accidents can occur due to many reasons. One can be the omission of a worker for a split second. The other can be the workplace conditions below the acceptable standards. Workplaces should be tidy and safe regardless of time, date and the work being done. Hazards in the workplace can pile up into greater risk which can eventually turn into an accident. Regardless of the risk posed to the workers, upon noticing, risk factors should be eliminated. As ignoring the risk is negligence, delaying to take action against the risk is also negligence. Under the personal injury laws, the employer’s duty is to sustain the safety of his/her workers. The task is simple yet effective for the wellbeing of workers. Hindering your responsibilities can conclude in accidents that are usually foreseen but ignored. The employer’s sole duty is to provide safety and if he/she fails to fulfil this duty, workers that sustain a loss can sue them as stated in the personal injury laws. On the other hand, accidents are unintentional and unplanned. This means, due to the risk involved in the work, accidents can still occur. Regardless of fault, workers can still claim workers compensation to recover their loss of income and medical expenses. Additionally, in NSW, rehabilitation expenses, domestic assistance, lump sum payment, dependency payments to the late victim’s relatives and return-to-work assistance payment may be awarded to the victim. Please note, these entitlements have criteria to meet and vary between territories and/or states. The same duties are owed to customers, visitors and consumers of the business The purpose of the duty of care is to provide safety. This can be done simply by acting reasonably. Taking preventive measures to eliminate risks and prevent accidents isa must for each business place. The workers’ and consumers’ wellbeing should be valued equally. The services you provide should be of standards and suitable for the specified regulations. For a business serving in the food sector, the products served to the consumers can pose a great risk due to numerous reasons. The most obvious one is potential food poisoning. In this case, the business is responsible for the quality of the products as greens, meat and dairy products can carry diseases. Almost everything inside a business place can be quite hazardous due to lack of maintenance and incorrect usage.Misplaced objects and decorative items being showcased on a shelf has the potential to seriously harm the victim. The equipment being used for illumination, heating and entertainment purposes require regular maintenance. As this equipment mostly involve electrical circuits, the harm can be on large scales. The victim can sustain permanent damages which then decrease the victim’s capacity to work and earn. In this case, the business is liable for the victim’s loss.

The place of workers compensation in Worker Rights Workers of specific industries are exposed to high risk. When extraordinary working conditions and the usage of heavy machinery is involved, mistakes may not be tolerated as even a small omission can result in a larger accident. Considering the inherent risk factors in the workplace, workers compensation is of great importance. It takes a second of distraction for an accident to appear. Luckily, this is foreseen in the Workers Compensation Act. Injured workers may claim compensation regardless of fault. However, the employer’s contribution to the accident by neglecting his/her responsibilities is a matter to be examined separately. Employers can be sued for their omissions. Injured workers are to be supported during their recovery Unlike personal injury claims, negligence is not taken into consideration in workers compensation claims. Considering the natural risk factor in numerous industries, it is motivating for the workers to be protected under such laws. On the other hand, the negligence of the employer is never tolerated by the same laws. The risk factors in the workplace can pile up into great hazards. For this reason, being idle instead of eliminating the danger doesn’t really fit into the description of an accident. As stated in the personal injury laws, the employer has the responsibility to behave in a protective manner. Workers’ safety should be provided and sustained without any excuses. The intention behind the employer’s behaviour isn’t important as delaying taking an action makes no impact on the conclusion of the accident. Considering the heavy work conditions, work accidents can even result in fatality. The duty of care of the employer is not a one-time duty. The responsibilities should be fulfilled throughout the work. As failing to sustain safety at work is another form of negligence, the employer should regularly assess the risk factors in the workplace. Risk factors in the workplace For numerous reasons, workplace accidents can arise. Distraction is only a small part of work accidents. In fact, distraction itself can be the conclusion of another wrongful act. Workers’ work schedules, shifts and workloads should be designed suitable for the capacity of the workers. Another fact that contributes negatively to the workers’ mental strength is the working conditions and emotional distress. Sustaining work under unbearable conditions can severely damage the worker’s mental condition which can result in distraction and weakened reflexes. Heavy machinery and working equipment are other factors that may be the reason for a work accident. However, the difference between defected equipment and lack of sufficient maintenance should be distinguished. Defected products can cause severe damages to the workers. In this situation, the employer usually has nothing to do. On the other hand, workers can still claim compensation. However, the machinery could be working correctly until it fails to do so. This might be the result of inadequate maintenance as this equipment should be regularly maintained. In this scenario, the workers have a valid reason to sue their employer as the situation could be reversed if sufficient care was taken. The purpose of the duty of care is to minimise the human error factor in work accidents Working a thousand meters beneath the surface as a worker or operating gigantic machinery for mass production can sometimes be dangerous. The duty of care’s aim is to minimise negligence-based accidents in workplaces. The requirements are not much of a burden as simply acting in a responsible manner is sufficient to keep the workers safe. To prevent unjust treatment, injured workers can benefit from the workers compensation entitlements regardless of fault. However, the employer should sustain safety in the workplace without any exceptions as the employer’s contribution to the work conditions can result in a penalisation.