Workers Compensation
4. Payment Types & Damages
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 31 Aug 2015
- Workers compensation payments will generally cover the following:
- medical expenses including specialist or psychiatric fees;
- income replacement;
- rehabilitation expenses;
- retraining for alternative duties; and
- lump sum payments for permanent injury or disability.
- In cases where the employee can show that their injuries were caused by the employer’s negligence the employee can sue for compensation through private litigation.
- Negligence refers to a failure on the employer’s part to comply with their duty of care to their employees. An employer may be found to be negligent if they:
- overwork staff;
- fail to train staff;
- fail to provide a safe working environment; or
- fail to provide proper plant or equipment.
- If an employee is injured as a consequence of a breach of a duty of care the employer may be found to be negligent and liable to pay damages.
- An employer may also be held vicariously liable for the negligent actions of their employees towards other employees such as supervisors towards lower staff.
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