Can workers claim compensation if they have breached OHS laws?
The imposition of a fine on a worker for an OHS breach does not necessarily mean an employee is excluded from receiving compensation. A worker may not be entitled to compensation if it can be demonstrated that the worker’s injury was attributable to the serious and wilful misconduct of the worker, compensation is not payable in respect of that injury, unless the injury results in death or serious and permanent disablement. The broad answer is that workers injured in work-related activity (arising out of or in the course of employment) who may have disregarded an employer’s instructions or systems may be eligible to claim for workers compensation benefits but contributory negligence would be taken into account in a common law action.
Related Questions
- I am currently receiving workers compensation benefits. Can I file a claim for Social Security disability benefits now or should I wait until after I settle my case?
- What happens after I file the Workers Compensation (DWC Form 1) claim form?
- Is it a personal injury lawsuit or a workers compensation claim?
