Workers Compensation

When an employee is injured in the workplace or in the course of their employment they are entitled to receive workers' compensation. In Tasmania workers compensation is based upon a ‘no fault’ scheme, that is, it doesn’t matter how the injury occurred or who caused it, the employee will be entitled to receive workers' compensation payments.

This was the case in a recent matter where an employee constructed a barrier to restrain a dog from getting to other pets, and in climbing over the barrier to get morning tea, the employee tripped and fell, sustaining injuries to her shoulder and knee.

The employee filed a workers' compensation claim for the injuries, asserting that she fell during the course of a paid break, and consequently, her injuries arose from employment.

The insurer argued that by erecting a barrier across a walkway (without the employer’s direction or knowledge), the employee had created a clear and unusual hazard, and that the employer could have not contemplated that she would have erected a barrier making her route to the crib room more hazardous.

However, the Tribunal found the injury occurred when the employee was on an authorised paid break and therefore, the injury she sustained arose out of her employment.

The Tribunal also concluded that the barrier, blocking a clear pathway, created a hazard and this hazard was the only cause of the injuries.

The fact the employee had created her own workplace hazard did not preclude a finding that it is an employment-related cause. In the current workers’ compensation scheme (that is, a no-fault scheme), it is irrelevant that a worker has voluntarily subjected themselves to an abnormal risk or injury.

However, in many cases where the employee has been injured through their own actions it is possible for an employer to take disciplinary action against the employee.

Obviously, an employer has an obligation to provide a safe workplace. It is also important that employees are trained in safety methods, risk assessment and safe work practices. As such, employers should ensure that employees are not putting themselves at risk when performing their duties and particularly when working alone.

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