Workplace failure in duty of care?

A member asked almost 9 years ago

Workplace failure in duty of care?

I fell ill at work and requested to lie down in the sick bay. My team leader, a few other team leaders, the OHS officer and even the First Aid Officer on the floor, did not know where the sick bay was located. In the meantime I was not feeling better. The First Aid Officer suggested I may be experiencing angina. No ambulance was called for. When no-one found out where the sick bay was, it was decided to send me home or to a doctor, by taxi. As i was being escorted by the OHS person, I became quite ill and collapsed on the furniture in the building lobby. An ambulance rushed me to hospital . I suffered a mild heart attack. Should the company be held accountable for lack of training and care?

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Law Advisor Research Team

Researchers at LawAdvisor

Hi there. It sounds like you have been having a pretty hard time.

Generally speaking, employers will usually owe a duty of care to their employees to ensure that they have provided a safe workplace. There are also legislative requirements that workplaces . A duty of care is a requirement that a reasonable level of care is exercised to provide a safe environment for users. When this duty is breached, and someone suffers an injury, that person may be liable for compensation.

In order for you to be eligible for compensation from you employer for their lack of training and care, you need to show a few things. First, your employer must owe you a duty of care. As you were their employee, it is likely there was such a duty. Second, you must show that duty was breached by the lack of training and care. Again, your story makes it seem like this test may also have been met. Third - and this seems to be the most difficult in your case - you must show that the breach of duty caused you harm that should be compensated. This will depend on the circumstances. In addition to this certain limitation periods may apply for how long after the event you can seek damages. You did not mention when you had the mild heart attack happened, so it will be important for you to check this.

Depending on the industry you work in, there may also be workplace regulations that your employer has failed to comply with. It may be worth contacting Workplace Victoria and discussing the issue with them. Their contact details can be found here: http://www.worksafe.vic.gov.au/contact-us

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Answered over 8 years ago Legal disclaimer

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