Proposed New Legislation Will Allow Amputee Worker To Receive Compensation

A legal loophole that left a man unable to access workers’ compensation despite losing his leg in a workplace accident will be amended by proposed new legislation.

Workplace Relations minister David O’Byrne, under pressure from union delegates, yesterday revealed the new laws, which address the issue of  “sham contractors”.

Glenorchy man Anthony Young was denied workers’ compensation after a workplace accident at K&D Brickworks at New Town resulted resulted in the loss of his leg.

Mr Young was working  for two years at  brickworks but was technically contracted with a contracting company.

In July Mr Young was unsuccessful in his appeal for  workers’ compensation after the Court of Appeal in Hobart sided with an earlier decision that he was an independent contractor — not a worker, and therefore not entitled to workers’ compensation.

Mr O’Byrne said  the amendments to the Workers Rehabilitation and Compensation Act 1988  would render workers’ compensation rights to anyone on a sham contract.

“They extend the definition of ‘worker’ to ensure anyone on a sham contract has the same workers’ compensation rights as people on traditional contracts,” the minister said.

The new laws  are currently facing debate and review.

More info on Occupational Health and Safety

Source: http://www.themercury.com.au/article/2012/11/22/366625_tasmania-news.html

Latest OHS news

Ep 21 Guy Lenoir has a knack of sniffing out risky workpl...

Read more

Ep 20 Daniel Scott from $3.8B property giant Cushman Wake...

Read more

Ep 19 Nick Jans talks about ‘Leadership Secrets of ...

Read more

Ep 18 Rebekah Jensen from Queensland Government talks abo...

Read more

What Participants Say

“In over 20 years of training, this was one of the best courses I’ve ever attended.”

- Queensland Rail

“Great! The instructor made it interesting and enjoyable”

- Leighton Contractors

” We heard that AlertForce delivers one of the best courses around so the boss decided to send me to Australia from New Zealand.”

- Participant Public Course

“I liked the trainer’s positive outlook and uplifting approach towards completing the long day.”

- Visionstream

“Very competent training course. Trainer was very knowledgeable on subject.”

- Servicestream

“AlertForce provided an excellent trainer,  knowledgeable on the topic and allowed for active questioning.”

- DHS

“Informative and concise training delivered at the right pace.”

- AFMA.gov.au

“The Trainer was very engaging”

- Fair Work Commission

“Interesting, informative, relevant.”

- Airservices Australia

Payments & Security

Awards & Accreditations

Make an Enquiry: