Law in Australian Society

Introduction Injury in the course of employment places significant stress on both the employee and employer, Section 8(1) of the Occupational Health a Safety Act 2000 (NSW), states ‘an employer must ensure the health safety and welfare at work of all employees of the employer’ whilst also providing a level of risk assessment. The statutory scheme of enforcing employers to hold workers compensation insurance enables insurance company’s to hold employers accountable for workers safety under the Work Health and Safety Act 2011 (NSW), the Act holds both the employer and the employee responsible for their actions and safety in the workplace .

The scheme is in place to benefit and protect parties from deprivation as a result of workplace injury. Entitlements awarded to employees protect them and their dependents by way of wage payments, access to medical benefits and/or job security in exchange for mandatory relinquishment of employees right to sue an employer under civil or tort law, thus providing the employer with immunity from legal action, saving time, money and reputation .

Role of the High Court and New South Wales Court of Appeal Over the last decade judgments handed down by

References:  Worswick,  (2010)