A woman injured her back after working many years as a nurse, helping to lift and transfer patients. Her back was severely injured after one specific lift of a bariatric (overweight) patient was required in a low-level care facility. The nurse didn’t have a second nurse to help lift, a lifting machine, or any other options.
The nurse is now on workers compensation, but faces the prospect of never being able to regain her ability to work again. She still has decades of working life left.
An employer has a duty of care to its employees to ensure that their working environment, and the job they do, is safe. This goes beyond simply ensuring there are no dangers in the workplace, it also means ensuring there is a safe system of work in place for the workers to follow.
The courts are wise to the fact that an employer can direct workers to do their job a safe way, but in practice an employee will follow “workplace culture”. Employers need to not only direct their workers to do their jobs safely, but also enforce and implement this.
This means ensuring the correct equipment is available, enough staff and help is available, and enough time and training is available. Jobs are tiring and constant things we do day in, day out, and there is ample opportunity to injure yourself, which is your employer’s duty to address. Read more on the Fairwork website @ https://www.safework.nsw.gov.au/legal-obligations/employer-business-obligations/primary-duty-of-care
Nurses, or anyone who works in a job requiring lifting or bending or other physical labour, may develop an injury. If the employer hasn’t done enough to safeguard the worker’s health, they are responsible for paying damages for lost income over the remainder of the employee’s working life.
Brazel Moore Lawyers is now claiming damages for the nurse’s lost livelihood, under a “no win no fee” arrangement.
If you’ve developed a serious injury which you believe has happened at work due to the nature and conditions of your employment, it is vital you seek legal advice immediately. There are time limits to claiming damages which might apply.
Leading law firms committed to helping clients cost-effectively will have a range of fixed- priced Initial Consultations to suit most people’s needs in quickly learning what their options are. At Brazel Moore we have an experienced team who can answer your questions and put you on the right track. Read about your Workers Compensation rights at https://compensationcentralcoast.com.au/workers-compensation/ or call now on 43247699.
