WA Crashed into Employer's Unmarked Chain - Workers Compensation?

Discussion in 'Personal Injury Law Forum' started by Gary1960, 11 September 2018.

  1. Gary1960

    Gary1960 Member

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    Our company has a security chain that is placed across the driveway to keep out people parking in our company at night. Procedure was the last one out puts up the chain. I normally leave at 5pm but worked back till 6pm.

    In the evening light, the security chain was not visible as it is not marked nor highlighted. Employer said they will cover my medical, etc., as workers compensation (broken nose, etc) but the repairs to the motorbike would need to be a "shared" responsibility as it had been there for a few years.

    I believe this is incorrect and they should be liable as it had no reflective tape or other visible signs on it to alert that the chain was up.

    Am I correct they are 100% liable ?
     
  2. Owais

    Owais Lawyer
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    Hi Gary1960,

    Yes you are correct. Any incident happened at work would be the employer's responsibility. The security chain system does sound like a safety concern as you have pointed out. Is your employer covering you for your days off work and giving you weekly wages?

    Let me know if you want to have thorough discussion.

    Kind regards
    Owais Shaheen
     
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