Saturday, 20 September 2008

Worksafe's Liability in Negligence to the Injured Workers of Victoria

Worksafes inaction and incompetence in managing workplace legislation should
open the door for injured workers to sue them for Negligence.

There are six requirements to ground liability in negligence They are as follows:

a. Existence in law of duty of care situation or an actionable liability to
carelessness (worksafe's duty of care);
b. Carelessness of the defendant who fail to measure up to the standard set by
the law (breach's of the ACA made by worksafe);
c. Causal connection between the careless conduct and the damage (cause in fact,
your injury);
d. Foreseeability that the careless conduct could inflict the particular kind of
damage on the particular plaintiff (cause in law or remoteness);
e. Damage attributable to defendant;( lack of competent management by
worksafe with your claim)
f. Monetary estimate of the damage. ( damages to be paid)

If you have been injured at work or are the carer of an injured worker then
try to obtain legal advice about the negligence you have suffered at the hands
of Worksafe Victoria!

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