In the legal world, 'he-said, she-said' is usually pretty unlikely to win your case. For workplace injury compensation cases, it can be even more difficult. Any evidence, whether it's formally written down or witnessed by a co-worker, can be critical to the success of a claim.
So if something happens at your workplace, even if you're not injured, the best thing you can do is report it, record it and repeat it.
Tom* recently won his workers’ compensation claim after a hard-fought battle that was hampered by lack of written evidence at the time of injury.
Tom, a truck driver in Queensland, sustained a significant neck injury after being required to repeatedly haul himself into the truck cabin using his upper body strength, due to his first step being too high from the ground. Despite being a truckie his whole life, Tom's injury was so severe that he had to stop work.
However, Tom's employer denied responsibility for the injury by saying they had no records that Tom had made any complaints about the height of the first step – and Tom was unable to provide written evidence that he had raised the issue.
One of the most important things you can do in any workplace is raise awareness of issues that affect your ability to work safely, so our message is: report it, record it, and repeat it.
In Tom's case, we were able to source reports from medical professionals and ergonomic experts that said the ongoing repeated strain from pulling himself into his cabin was the cause of his injury. However, written evidence would have helped Tom's case and possibly would have led to a faster resolution to his claim.
Your safety at work should be your priority at all times. When your safety is compromised: report it, record it, repeat it.
Our specialist work injury lawyers are here to help. If you've suffered an injury at work that has affected your physical or phychological wellbeing, we can chat about what options are available to you.
Our Canberra office is now closed, but our team continues to serve ACT clients and are available for phone and video appointments. If you need legal advice, please call us on 1800 675 346.
We have lawyers who specialise in a range of legal claims who travel to Tasmania. If you need a lawyer in Hobart, Launceston or elsewhere in Tasmania, please call us on 1800 675 346.