Legal obligations of businesses: What happens when these duties are breached?

Before starting a business, you should be certain that almost everything suit to the standards. Meeting these legal requirements aren’t optional for businesses in Australia. In fact, these are legal obligations. Other than the financial responsibilities and worker rights, businesses all over Australia should guarantee their employees’ and visitors’ safety and healthiness. Although accidents can occur unintentionally, being negligent and hindering your responsibilities are likely to end up with a foreseeable accident which the business will be liable for. Both the workers of the firm and the customers can bring forward a compensation claim to recover their post-accident losses.

Compensation lawyers report that every year thousands of victims lodges a complaint against the liable business after an accident

As mentioned before, the risks in the business place should be eliminated as if the risk is obvious, it is likely to result in an unfortunate accident. However, the victim’s loss may not be as simple as it sounds. After an accident, even simple injuries can lead to devastating conclusions. Being unable to work even for a limited time can adversely affect the victim’s mental health and earnings. The victim may not be able to carry through medical expenses. Additionally, one can lose his/her job due to incapacity.

It is quite shocking that every year, countless complaints are being lodged to the insurers due to accidents. Even worse, a significant amount of these claims is made for accidents due to foreseeable risks. Such as the slip and fall injuries that occur due to slippery and unmaintained surfaces, damages that are taken by tipped over objects, high-speed motor vehicle collisions and being forced to work without obligatory working equipment and having an accident due to being unprotected.

Victims of these accidents can request compensation from the insurer of the business place or file a lawsuit if the claim cannot be settled. As these accidents can lead to major traumas, the victim’s joy of life, living standards and financial security can be drastically reduced. For this reason, legal action should be taken before suffering the consequences of such an accident.

The duty of care should be understood and applied throughout the service

Businesses that are active in the service sector should keep their standards above the required levels. These standards should be obeyed as stated in the personal injury laws. Formally named as the duty of care, these responsibilities are the businesses’ legal obligations that should be performed without any excuses. The duty involves the care that should be given to the visitors by keeping the environment safe and clean, providing services that aren’t risky to the consumer/customer and the responsibilities against the employees in the workplace.

The duty of care is a sensitive matter that can be breached unintentionally. However, it shouldn’t be. As an example, even if the person in charge of the workplace really values their visitor’s wellbeing, delaying taking necessary care, even for a second, is considered negligence. Which is a situation that the visitors can sue the business if an accident occurs.

The legal perspective of accidents and employee health

Starting a business can be very joyful and satisfying for many. However, it comes with many responsibilities and obviously, the employee and the visitor health is beyond all other duties. Workers sustaining injuries due to a negligent employer’s lack of care can file a lawsuit against the employer. Under the workers compensation act, these workers can be entitled to wage replacement payments, medical expenses and a lump sum insurance payment. On the other hand, if the customers of a business place sustain medical conditions due to the business’ negligence, a civil liability lawsuit can be filed against the business and similar insurance payments can be awarded.