NSW Cockroach Nest in Watercooler - Any Personal Injury Claim Options?

[Stanley1]

Hi all,

Thanks for taking the time to read this and possibly respond.

Just wanted to inquire on behalf of my wife, who found out today that the watercooler, for staff members, had a cockroach nest inside the cooler. I think they were in contact with the water, but before the filter. She works in retail.

A lot of the staff members are angry and disgusted. Do they have any legal options in personal injury law available?

Thanks,

 

[Rod]

Ahh, added protein! A delicious meal in some some countries.

Outrage, anger and disgust do not give rise to a legal claim. What damages have occurred?

Being retail and not food based, OH&S standards are more generous. Are there any other indications the place is unhygienic?

BTW, presence of cockroaches is not necessarily an indicator that a place is dirty. Clean areas can have cockroaches.

 

[Stanley1]

Hi Rod,

Thanks for replying. My concern is that cockroaches can carry diseases and my wife has been to the doctors quite a few times in the past year, stomach pains that come and go, allergy-like symptoms, etc. Having said that, I would describe her as a mild hypochondriac, so I'm just interested if there could be a connection there.

I don't believe the place is unhygienic, however, they are suing the shopping centre due to the air conditioning being out of order quite regularly. Would providing a clean and maintained water cooler fall under the responsibility of the employer?

According to the World Health Organisation “Cockroaches are not usually the most important cause of a disease, but like houseflies, they play a supplementary role in the spread of some diseases”.
Cockroaches are proven or suspected carriers of the organisms that cause the following infections:

• 
  
  
  • Salmonellosis
  • Typhoid Fever
  • Cholera
  • Gastroenteritis
  • Dysentery
  • Leprosy
  • Plague
  • Campylobacteriosis
  • Listeriosis
  • Giardia

Cockroaches can also trigger asthma and other allergies as well as spread E.coli, Staphylococcus aureus and Streptococcus.

Cheers,

 

[larrylarry]

Like Rod said, what are the damages available to your wife?
She must prove causation first.