Laws restrict the citizens in Australia to act in an irresponsible manner that can lead to adverse medical situations for others. Although such actions are mostly unintentional, negligent actions such as disobeying the rules in the traffic or hindering the maintenance of your property can be the reason for another person’s sufferings. To prevent this, Personal Injury Laws enforce the civilians to act responsibly by implementing the duty of care to daily life. This means, depending on the situation, civilians in Australia can face legal sanctions if they fail to perform their duties and be the reason for an accident. Such as in the traffic, in the workplace, or whilst running a business.
What is expected from employers to prevent work accidents?
In almost every industry, workers face profession-specific risks that can make a devastating impact on one’s life if not taken care of in a timely manner. These risk factors can be found in every industry and sector, however, some can be problematic for specific professions. Such as the latest coronavirus pandemic. Every member of our society is facing this risk. However, doctors, nurses, surgeons and all other medical attendants are in the highest risk group as they are on the front lines against the pandemic. This is a situation that effects health workers’ psychology and physical condition. In some situations, medical attendant’s shifts are a lot longer than a regular worker. Which makes them vulnerable to injuries that can last for long. Overworking is a situation that can be the main cause of many physical sufferings.
Under the laws, employers can perform the duty of care by acting responsibly. This means the employees’ wellbeing should be guaranteed by the employer. Employers are expected to maintain their businesses properly so that the risk factors can be eliminated and the workers can work in a safe environment. Otherwise, as seen in numerous examples, accidents can occur, and the employer can be responsible for them.
What to know about accidents in public places?
Similar accidents can also occur in public places and someone else’s actions may be the main cause. If a business is providing services to the public, all necessary preventive measures should be taken to avoid accidents and at the same time, liability. Laws demand from the service providers to keep the health conditions of their visitors in a good state. If an accident occurs, and if the business could actually prevent the accident, this means that the victim can take legal action against the business.
The same duties apply in the traffic. This is the duty of care between a driver to another. However, on this occasion, pedestrians and cyclists also owe the same duty as they also occupy these roads. This means that the pedestrians, cyclists and motor vehicle drivers are responsible for the safety of each other. If a traffic accident occurs, the party that violated the rules can be liable.
Legal advice for personal injuries
Personal injury is a legal term that stands for sustaining bodily and emotional harm. In this context, if the reason for the harm is someone else’s actions, behaviours or omissions, the victim can rightfully pursue his/her legal options. On the other hand, the laws should be understood correctly and the obvious risk factor should be acknowledged. In personal injury claims, the victim’s actions will also be taken into consideration. This is defined as the claimant’s contribution to the outcome of the accident. Even if the victim’s actions did not cause the accident, lack of taking personal care can worsen the severity of the victim’s injuries.