Injury Compensation Claim Advice for Industrial Accidents
Industrial Accidents can include any one of the following:
- Agricultural accidents
- Chemical spills
- Electrical accidents
- Falling objects
- Major hazardous incidents
- Transport accidents
- Mining Accident
- Crane Accidents
Obviously in cases like these the severity level is high. It is important to have someone on your side so you may be compensated the maximum in damages. Legal Injury is here to represent all cases of Public Liability, Personal Injury and Workers Compensation.
One topic within the Industrial Accident realm that is of massive concern is the issue of Industrial Manslaughter. Taken from Source: http://www.workcover.act.gov.au/html/faqs.html
Q. When could an employer be convicted of industrial manslaughter?
A. An employer could only be convicted under the proposed laws if a court was satisfied, to a criminal law standard (that is beyond reasonable doubt), that the employer had been criminally negligent or reckless and that this negligent or reckless behaviour had caused the death of a worker. The death of the worker would need to occur in the course of the worker's employment.
The concept of criminal negligence is very different to civil negligence, and employers would not be charged with manslaughter and imprisoned, simply because they could be successfully sued for negligence. If a workplace fatality occurs, there must be evidence of criminally reckless or negligent conduct by the employer that led to the workers death for a prosecution to occur.
An employer who has taken all reasonable steps to ensure the safety of their employees has nothing to fear from this legislation. The Crimes (Industrial Manslaughter) Amendment Act 2003 (the Act) is designed to catch those employers who recklessly expose their employees to substantial risk of injury or who engage in such grossly negligent conduct that criminal punishment is warranted.
Q. What happens if an employer or senior officer is convicted?
A. The Act provides for maximum fines of $1 million for companies, and allows the courts to combine fines with orders for companies to undertake 'community service' projects, up to a total cost of $5 million.
total cost of $5 million. These are maximum penalties, and the courts will exercise discretion in the appropriate amount of a penalty to be imposed in each particular case. It is necessary to have such high fines, so that the upper limit is sufficiently high to act as a deterrent to large companies.
Natural persons would be subject to a maximum penalty of 20 years imprisonment, a $200,000 fine or both. These penalties have been set in accordance with penalties recommended by the Model Criminal Code project, endorsed by all Australian Governments, for the offences of manslaughter and dangerous conduct causing death.