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Workers Compensation

4. Payment Types & Damages

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 31 Aug 2015
    4. Payment Types & Damages
  • 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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