News such as the Supreme Court awarding an injured worker $1.27 million in damages, after he developed chronic depression, highlights just how costly employers’ exposure to Common law proceedings in the Victorian Workers’ Compensation scheme can be.

In February 2016, Pat Hawkins a Partner at Lander and Rogers Lawyers, presented at GB’s Client Forum on ‘Common Law in the Victorian Workers’ Compensation Scheme and how to reduce your exposure to common law proceedings’.

Pat has practiced exclusively in the area of workers’ compensation, employers’ liability and common law damages representing employers and self-insurers. He has provided extensive advice on all aspects of compensation law and is active in litigation in the Magistrates, County and Supreme Courts.

Pat advises that there is a significant difference common law damages and statutory benefits;

“The Act conveys no fault entitlements to workers injured in the course of employment – notably weekly payments of compensation, medical rehabilitation and like expenses and a lump sum benefit for permanent impairment”.

Workers have a statutory right to these payments under the Act for injuries in the course of employment, however in common law action, the worker must establish liability that the employer was negligent.

In one case that hit the news recently, an employee of a Casino alleged that her employer failed to rotate the staff, failed to provide her with an ergonomically designed work station, failed to maintain equipment and ignored her injury and complaints. She also alleges they failed to give her adequate training, supervision and assistance.

The employee is seeking a general damages - a lump sum for pain and suffering and pecuniary loss damages – for past and future economic loss.

An employer has a non-delegable duty of care to an employee. That is, the employer themselves must proactively discharge their obligation to every employee to ensure a safe system of work, safe place of work and safe plant and equipment.

Pat’s key message was on prevention, “You don’t want to learn the lessons through common law claims, do a thorough assessment of your workplace and its safety culture now. If you have an open safe culture, it is the best way to minimise Common Law claims”.

Employers are widely proactive nowadays, however if an injury does occur Pat recommends taking “a balanced and thorough approach, think carefully about circumstances of the injury and assess all relevant material” so that, in addition to your preventative action, you won’t have to learn from your mistakes twice.

If you think you could improve the way you manage your workplace health and safety, have a chat with us and make sure you don’t end up managing an injury that could have been avoided.