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If my carelessness at work caused an injury how will that affect my workers compensation claim?

I received training to use gloves and goggles when using a dangerous chemical at work. One time I couldn’t find my goggles and decided to go ahead and use the chemical anyway. Some splashed into my eye and now I suffer permanent semi-blindness. Do I have a claim?
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 12-11-2015
1 Lawyer Answered
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  1. Workers Compensation
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Shamaila Khan, Kingsville 3012 VIC

  • Yes. Because you suffered a serious permanent injury you can apply for compensation even though you were acting contrary to your training and instruction.
  • Generally an employee that is killed or sustains serious permanent injury is entitled to workers compensation even if:
    • the accident is caused by their own wilful and serious misconduct;
    • the employee has acted against their employer’s orders; or
    • the employee has acted without their employer’s authority.

 

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