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Employer’s Duty of Care

All employers owe their employees a duty to take reasonable care to protect them against any foreseeable injury that may arise during the course of their employment.

NSW also has occupational health and safety laws in place that require employers to take proactive steps to identify foreseeable risks, and to implement necessary measures to prevent injury from occurring in the workplace.

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Negligence is the term used to describe a failure to take reasonable duty of care to avoid causing injury or loss to another person. There are generally accepted four steps in proving negligence:

  • That there is a duty of care.
  • That the defendant breached that duty of care by some behaviour or inaction that did not meet the standard of care which a reasonable person would meet in the circumstances.
  • That any damage suffered was caused by that breach of duty.
  • That damage suffered by the plaintiff (injury or loss) is foreseeable, and expected injury or loss in the circumstances.

In the case of an employer, there is no doubt that an employer owes an employee a duty of care to ensure his or her safety whilst in the workplace.

The law imposes upon every employer, a duty to take reasonable care for the safety of its employees.

That duty can be described as follows: “by providing proper and adequate means of carrying out his work without unnecessary risk, by warning him of unusual unexpected risks and by instructing him in the performance of his work where instructions might reasonably thought to secure him from danger of injury…. The standard of care for employee’s safety is not a low one.”

An employer’s duty of care is a non-delegable duty which means an employer cannot delegate that duty to someone else. An employer is always responsible for the safety of its employees.

An employer has a duty only to take “reasonable care” so as to avoid foreseeable risk of injury. This is not a guarantee of safety. An employer must avoid injury by providing reasonable care in the circumstances. For example, it is not reasonable to require an employer to spend thousands of dollars on safety equipment if the risk of injury without such equipment is relatively low.

A court will ultimately decide having regard to all of the circumstances whether or not an employer has breached their duty of care and does not meet the standard of care which a reasonable person would expect in the circumstances of the injury.

Claim against employers for breach of duty of care are governed by the NSW Workers compensation legislation. They are known as Work Injury Damages claims.

A claim for work injury damages can only be made if you have a whole person impairment of 15%.

You will need your lawyer to have the whole person impairment assessed before you can make a claim.

Find our blog articles on Work Injury Damages HERE.

If you need assistance with your duty of care claims, please do not hesitate to contact us as follows;

  1. Complete our FREE case assessment form HERE
  2. Email us at info@garlingandco.com.au
  3. Give us a call on (02) 8518 1120

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk by phone and email. Please contact our experienced accredited specialist personal injury lawyers to find out how we can help.

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Ray H.
07:33 13 Jun 24
Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more
Jo L.
05:58 07 May 24
So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more
Linda O.
21:53 06 May 24
Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more
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20:51 23 Apr 24
After my case stalled with another firm, I decided to give Matthew Garling a call. He took my case and not only won, but achieved an outcome that far exceeded my expectations. This firm is the best... in the business in my opinion and I wouldn't hesitate to recommend them to anyone.read more
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00:50 16 Apr 24
Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.
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03:01 15 Apr 24
Garling &Co Lawyers were awesome, I called every compensation law firm and was told that I couldn't claim for compensation.The whole experience and process was simple and stress free.Mr Matthew... Garling and Allison deserve an accolades for the very best in client service. I would highly recommend their service to anyone.read more
Tamara L.
02:10 15 Apr 24
I want to thank Garling & Co so much for all the help they have given me and helped with my claim. We got the win last week and it was the best news I have gotten considering how much my life has... been turned upside down the past 2 years. Emma and Rebecca have been incredible to work with and explained everything from the start even when I had hesitation to go ahead regarding how much everything would cost or how fair it could go or even if I had a chance, but they explained everything thoroughly, so I understood it all. Thank you for making this process seamlessly easy and helping me get the win it will make things a little easy for me that's for sure financial thank you for all your help I cannot recommend you and your services enough. Thank you again.read more
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05:01 11 Apr 24
Utter professionalism from first phone call to final settlement. It was a pleasure to be represented by a firm that actually cares for their clients. From office staff, to paralegal and solicitor... Rebecca, Emma and Matthew thank you for your support and expertise throughout my claim. No wonder your firm has won many awards. I'm extremely happy with my outcome and can confidently recommend your firm.read more
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01:09 09 Apr 24
Highly recommend Matthew & Allison at Garling and Co ! Quick response ! helpful every step of the way ! If you want the best compensation lawyer, Matthew @ Garling and co is the bestDoesn’t waste... time. Very informative ! excellent guidance! They get the job done ✅Website is perfect guide5 Star ⭐️ is not enoughI’m so grateful to Matthew, Allison and team for my outcome so far !Thank you 😊 Garling and co are awesome 👏 🤩read more
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06:11 02 Apr 24
Have had a rollercoaster ride with Garling and Co over the several years we have been battling the system that injured workers are faced with. The wheels of progress are slow within this system.... However Garling and co have always stood by me. Calls are returned and matters are always followed up in a timely manner.read more

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