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Amy Nikolovski

- 17 Nov 2015
  • Commercial Law

  • Personal Injury

Injured but not while at work?

Have you suffered an injury whilst not engaged in actual work? You may still have a compensable injury if you were engaged in an activity, or present at a particular place on the instructions of your employer.

A recent ruling of the South Australian Workers Compensation Tribunal (James v The State of South Australia [2015] SAWCT 52) has confirmed that a worker is covered if they were injured at their place of employment, and/or another location, despite the fact they were not working at the time.

Ms James at her employer’s request, attended her workplace to submit a timesheet and application for leave form, following a home injury in which she dislocated her shoulder. Whilst on the premises of her workplace, Ms James tripped due to a defective uneven concrete path and fell, injuring her left elbow, left leg and right ankle.

Her claim was rejected by her employer and proceeded to hearing, where the Tribunal found in favour of Ms James and confirmed that her injuries were covered by the State’s workers compensation laws as she was directed to attend the site at the request of her employer.

If you have been injured in unusual circumstances at work or during a work related activity be sure to seek advice, as you may have a claim for compensation.

Contact one of DBH Lawyers’ experienced workers compensation lawyers for a no obligation first interview now.