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Legal issues following a workplace incident<br />

<strong>Workers</strong>’<br />

compensation<br />

issues<br />

Consequences:<br />

Strict liability (blame not an<br />

issue)<br />

Money to injured worker, in<br />

some cases to dependants<br />

Obligations to return to work<br />

Workplace injury or ‘near miss’<br />

Occupational<br />

health and<br />

safety issues<br />

Consequences:<br />

Investigations by regulator (Worksafe, etc)<br />

May give rise to allegations against<br />

company/individuals and criminal charges<br />

May give rise to monetary fines<br />

(likely uninsured)<br />

Other legal<br />

claims<br />

Consequences:<br />

Likely to require ‘negligence’.<br />

Claim for damages by private<br />

parties<br />

Money to injured worker, or<br />

other parties<br />

Freehills 7

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