There are compensation claim responsibilities for both employer and employee in cases of outside workplace injuries. Employers are expected to provide a duty of care for all workers suffering from both work and non-work-related injuries, illnesses or medical conditions. Employees making an outside workplace injury compensation claim will need to back up their claim with solid evidence. Outside workplace injuries can happen while running errands for work, at work-sponsored functions, while visiting the employer at home and many other scenarios where accident or injury can be work-related.
How are workplace and outside workplace injuries classified?
A journey to or from work ends at the boundary of the employer’s land. Generally, workplace and outside workplace injury claims are easily classified, for example:
- If you suffer an injury whilst walking in your employer’s yard on the way to work you would be regarded as being on the employer’s premises and would be covered for workers compensation.
- If you suffer an injury in the street outside your employer’s premises whilst on the way to work this would not be on the employer’s premises and would not be regarded as an injury arising out of or in the course of employment.
Every case is different and outside workplace injury compensation can result in complicated claims processes. For this reason, Taylor & Scott Lawyers recommend a free case assessment to ascertain if your claim has winning potential.
What if my outside workplace injury leads to unfair dismissal?
Recovery from severe injury or illness takes time, and fair-minded employers provide pathways for employees to return to work. Unfortunately, when production suffers so does profit, making it difficult to meet financial targets. A balance is required between employer and employee, but when things turn sour resulting in unfair dismissal, Taylor & Scott Compensation Lawyer intervention is the answer. The Taylor & Scott reputation is well known all round NSW, and with a case winning reputation stretching back to 1905, it seems compensation justice is here to stay.
Employers assist injured workers in their return to work in a number of ways. In cases where the injury is permanent, with a level of disability making a return to work dangerous or impractical, the employer isn’t required to provide return to work assistance, although a monetary value may be claimed to cover alternative employment pathways. Some ways employers assist with transition back to work include:
- Provide reasonable recovery time and a suitable return to work plan
- Ensure the worker performs meaningful duties that assist the workplace
- Make modifications to the workplace that aid injury recovery and promote comfort
- Ensure all employees behave without discrimination
- Consider long-term employment skills training for workers in different roles
Does employee workplace behaviour affect compensation claims?
Accidents and injuries in the workplace and outside the workplace are often caused by negligence or oversight. In some instances, however, an accident is precipitated by inappropriate behaviour, carelessness, or disregard for instructions. In cases where someone has contributed to their own injury, compensation may be reduced or the case rejected. The employer may also be working with their own legal team, so expert compensation lawyer guidance is highly recommended, particularly when Taylor & Scott Lawyers offer a no-win no-fee guarantee. Employee obligations while at work include:
- Take reasonable care for personal health and safety
- Take responsibility and care for health and safety of co-workers and others
- Comply with guidelines, instructions, procedures and policies related to the workplace
Compensation law is a broad field with many specialties. Taylor & Scott Lawyers are all specialists in their respective fields, including outside workplace injury lawyers who thrive on complex compensation cases that deserve to be won. Contact Taylor & Scott today for a free appraisal of your claim and the best advice moving forward.
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