Lawyer Monthly Magazine - July 2019 Edition

98 First Choice Lawyers www. lawyer-monthly .com JUL 2019 Personal Injury Accident at Work? What Law Protects You? No claim is too big nor too small for David Marocchi, especially against corporate giants, such as insurance companies, infamously known for their brutal handling of claims and cases. David tells us how he takes on any case and what employees and their employers alike, should look out for when trying to avoid a lengthy case after an unfortunate accident at work. “ There is no compensation entitled to the worker if he sues only his employer for past and future domestic assistance, which is often the case. ” In this day and age, workplaces are often vigilant when it comes to safety. How do such catastrophic injuries occur? The Australian legislation which covers workplace policies and environments can never 100% guarantee that workers will have full safety. There are always other collateral factors and reasons why workers become injured. One of the class examples is a building site. Usually, on a building site there is a project managing company that overshadows and oversees the entirety of the workplace. The building managers do not exclusively perform all of the tasks and, as such, they are required to subcontract other companies which offer various building services. For instance, apartments may be constructed and as a result of the construction of various high sky apartments, scaffolding is required, as well as gyprockers and plumbers (etc). These trades are subcontracted and entered onto various sites and attend to their specific duty and/or agreed performance of the task. An example of the danger that may be imposed which can affect a worker is that: the scaffolding may be loose; planks on scaffolding may not be harnessed properly and/or the worker themselves lack experience. The injured worker can sue his or her own employer and also sue against the person responsible for that particular task and/or the overseeing project manager, as they have the ultimate duty to ensure the overall safety of all trades which are on a worksite. What laws protect employees in such cases? There are mainly laws, but commonly, the worker’s compensation legislation applicable to each state covers the worker’s injury and/or the potential to sue CONTACT David Marocchi, Director 177 Northumberland Street, Liverpool, NSW 2170 Tel: (02) 9099 3199 | www.paramountlawyers.com.au