Table of Contents

  1. Introduction
  2. The Case – Butt v Liebherr Australia Pty Limited
  3. Resolution – Auxiliary Workers Covered by Compensation Law
  4. Seeking Legal Advice

Work Injury Compensation: Understanding Your Rights

Working can be a dangerous duty for adults. From sore backs to broken bones, the consequences of long-term work can be debilitating. However, this is compounded when the job being done is high risk, such as coal mining. In times like this, you may be entitled to injuries compensation following an accident on-site.

An injury lawyer can help you attain fair compensation.

A recent case before the Supreme Court of New South Wales has shown that injuries that occur on the way to a workplace can still be covered by workers compensation.

The Case – Butt v Liebherr Australia Pty Limited

The plaintiff has brought an action against the defendant in an effort to be compensated for an injury that occurred in 2010. The injury occurred when the plaintiff was driving to the coal mine he works on but hit a pot hole, causing the car he was travelling in to swerve and hit a nearby tree. The damage was so severe that emergency services had to cut him free.

While not disputing the crash, the defendant believed the journey to work fell outside of the definition of “in the course of employment” and as such did not believe they were liable.

One of the main focuses for the court was to determine whether the plaintiff was employed in or around the mine when the accident occurred. In other words, could the plaintiff claim compensation in relation to an injury that happened during his drive to work?

Resolution – Auxiliary Workers Covered by Compensation Law

The Judge determined that coal mines are a focal point for a wide range of workers who may or may not be colliers. However, this does not excuse them from compensation claims and instead, compensation can be extended to a number of professionals, such as engineers, surveyors and mine deputies. Additionally, it does not matter where the injury happens, if it is within work hours it can be claimed on compensation.

The outcome is important for a number of reasons none more so than if the claim was rejected, many other workers in similar positions would be negatively affected.

In cases like these, it is essential that injured workers or those suffering because of past injuries attain quality advice from experienced compensation lawyers. The team at PK Simpson have a long history of helping workers attain fair compensation for their injuries. We offer a no win, no fee guarantee that allows you to focus on the case and thin about payment if you attain a favourable outcome.