Unfortunately, accidents happen to people in their workplaces. Sometimes it is just a little scrape, other times it can be a broken leg or arm. The worst outcome is someone dying at work due to an accident. Make sure that your workplace is up to WHS (Work Health Safety) standards and safe for everyone present.

Workplace Accidents

A workplace accident is when someone gets hurt at their place of employment. There are multiple injuries that a person can sustain, including cuts, bruises, broken bones, sprains and tears of ligaments, tendons, and muscles, herniated discs, whiplash, wear and tear, and neck and back injuries. These workplace injuries can have various causes, such as car accidents, slipping and falling, falls from high places, wear and tear, electrocution, overexertion, being hit by something, being hit against something, getting entangled, and violence like bullying.

The worst-case scenario is death. The three most deadly injuries in the workplace are vehicle-related incidents, something falling on a person, and being hit by something. Most work-related deaths occur in the agriculture, forestry, fishing, mining, manufacturing, transport, postal, warehousing, construction, electricity, gas, water, and waste services industries. People who work as machinery operators and drivers, labourers, technicians, and trade workers are more likely to be killed at work.

Fatal Workplace Accident Compensation

Those who have lost loved ones in workplace-related accidents can get help from insurance companies and legal advisors, like Murphy’s Law, about what to do next. Compensation can be claimed from the deceased person’s employer. There are two kinds of claims for this, namely Dependency Claims and Psychological Injury or ‘Nervous Shock Claims’. Compensation claims can be made using WorkCover, the government workers’ compensation scheme, or through the court. When a claim is made through WorkCover it has to be made within six months after someone’s death. When claiming through the court, it has to be done within three years of the person’s death.

Dependency Claims can be made by the deceased person’s husband, wife, partner, children younger than 18, and children over 18 who can prove that they are financially dependent on the deceased. These are people who are financially impacted by the death of the person.

Psychological Injury and Nervous Shock Claims can be made by people who were psychologically affected by the event of a worker’s death. They experience mental health injuries witnessing the event, such as depression, anxiety, and PTSD. These individuals include co-workers who saw the person die, co-workers who tried to help following the accident, first responders who reported to the scene, and family members of the deceased person. This claim can only be made when it can be proven that the working conditions were hazardous.

Uses of Workplace Accident Compensation

The amount of compensation depends on who is claiming it, and how it is claimed. The money can either be paid immediately in one amount or once a quarter. The amount will cover funeral costs, medical costs, and the amount that is needed to cover other expenses and services that the deceased used to cover. This depends on the number of dependents, how old they are, and how financially dependent they are. The exact amount of money that can be claimed is set out in the appropriate legislation. When the number of dependents is high, the amount is higher. When the dependents are fewer, the amount of money is less.

When someone claims compensation for the death that someone suffered at their place of work, they have to provide specific documentation. Firstly, they will have to prove that the deceased died at work, or due to injuries or illnesses sustained at work. Secondly, they will need to provide a medical certificate, death certificate, coroner’s inquest report, or autopsy findings. Thirdly, proof will be needed that they are indeed family of the deceased, or that they were financially dependent on that person. This included birth certificates, marriage certificates, and other documents that prove any de facto connections. Finally, the claimant will need to provide proof that the deceased gave them financial support, like bank statements.

Workplace Hazards and Making Them Safer

Businesses are required by law to meet the regulations for Work Health and Safety (WHS) and Occupational Health and Safety (OHS). It is worth noting that there is no real difference between WHS and OHS. These regulations determine if a workplace is safe for everyone involved, which includes employees, volunteers, contractors, suppliers, visitors, and customers.

WHS legislation has a risk management process that involves four steps.

1. Workplace Hazard Identification.

This can be done by conducting inspections of a workplace. Incidents have to be reported and potential injuries have to be logged in a risk register. During the inspection, interviews have to be conducted with workers about how safe they feel their workplace is.

2. Risk Assessment of Those Hazards.

This is where the effects and seriousness of a hazard on people in the workplace are determined. Risk analysis looks at the kind of hazard, its consequence, likelihood, frequency, duration, impact, and other aspects of the working environment and people.

3. Implementation of Control Measures.

During this step it is determined what the necessary steps are that will get rid of or control a risk to the health and safety of workers. If a hazard can’t be removed, the Hierarchy of Risk Control can be used to find the best way to minimise risk. This hierarchy involves:

● Design and reorganisation to get rid of a hazard in the workplace.

● Get rid of, or replace the hazard.

● Cut the hazard off and isolate it.

● Use engineering controls to minimise the hazard.

● Administrative controls can be used to minimise the hazard.

● Proper personal protective equipment should be made available.

4. Elimination and Minimisation of Risk and Injury Due to Identified Hazards.

Every second year the control measures and risk assessments should be conducted again to make sure that the right regulations are in place for the safety of everyone. It is also done to make sure that the guidelines are actually being followed, and not just being ignored.

Conclusion

This article looks at fatal work accidents and the help that can be provided to prevent these accidents, as well as support after they have happened. It lists injuries that can be sustained at work, as well as how they are caused. The deadliest incidents and industries are mentioned. The two kinds of fatal workplace accident compensation are identified, along with who can claim compensation depending on the kind. An overview is given on how much the compensation claims are and what they cover. The WHS and OHS are discussed, as well as the WHS risk management process to maximise the safety of everyone present at places of work.