Sciaccas Lawyers

Fast food workers are often young, inexperienced and unfamiliar with their employee rights; all too often they are taken advantage of or unknowingly working in unsafe conditions.

Like any other worker in Australia, fast food workers have the same right to a safe and healthy work environment.

Here we explain what that means, including the basic legal rights fast food workers have, and what to do if those rights are being ignored.

Fast food employee rights

Every worker in Australia has basic rights at work, regardless of whether they are casual, permanent or on a visa.

Like all employees, fast food workers have the right to a safe workplace. This includes being:
• shown how to work safely;
• provided with appropriate safety equipment; and
• consulted about safety in the workplace

They also have the right to actively engage with their employer over safety concerns. This includes being able to:
• speak up about work conditions; and
• refuse to perform unsafe work.

Beyond safety, as a fast food worker you also have the right to:
• a fair, just workplace;
• fair pay and conditions; and
• access workers compensation after sustaining an injury.

Duty of care: fast food employer obligations

Employers have a responsibility (known as a duty of care) to ensure the safety of their workers in the workplace. This duty includes:
• following health and safety legal requirements
• Identifying risks and planning work safely
• Investigating hazard reports and taking appropriate action
• Ensuring all workers complete safety training

If an employer fails in their duty of care, they may be held responsible for any injuries their workers suffer as a result.

If a fast food employee is injured while working, their employer is required to assist with the rehabilitation of the worker and their return to work.

Common injuries for fast food workers

The most common injuries suffered by fast food workers varies depending on their role and their workplace. For example, chefs and back-of-house staff are generally exposed to different risks than front-of-house staff.

Workers’ compensation for fast food employees

All workers are covered by workers’ compensation, whether you are full-time, part-time, casual or a contractor, and it is compulsory for Queensland employers to have workers’ compensation insurance.

If you are injured at work, you may be eligible to claim workers’ compensation for the costs associated with your recovery.

How we can help

Sciaccas Lawyers are experienced with all aspects of workers’ compensation claims and have a proud history of representing fast food workers.

Get in touch today over the phone or online to discuss your next step with our friendly team.

By: Melinda Lovell

If you have suffered an injury in the course of your employment, whether physical or psychological, you are entitled to lodge a statutory claim for WorkCover benefits if your employer is insured under the state-based scheme. 

A WorkCover claim will be accepted if you can establish that:-

• You are a worker; 
• You have suffered a personal injury; and 
• Your work was a significant contributing factor to your injury. 

What type of work injuries can I claim WorkCover for?

Each and every workplace injury is different and they don’t always happen in an instant. Some workers may suffer an injury over a period of time as a result of their duties. At Sciaccas Lawyers, we have assisted thousands of injured workers, including those whose injuries have arisen over a lengthy period of time in the course of their employment. This can include both physical injuries and psychological injuries like post-traumatic stress disorder.  

You may also claim for any pre-existing injury that has been aggravated in the workplace.

What is the Reasonable Management Action Exception?

For claims involving psychological injuries, it is also necessary to establish that the injury has not arisen out of reasonable management action taken in a reasonable way.  

The difficulty with psychological injuries is articulating the precise cause of the injury. More often than not, psychological injuries arise out of a series of events accumulated over a period of time. This ultimately allows WorkCover to utilise the exception of ‘reasonable management action’ in order to reject the claim.

It is important that injured workers do not list issues if they are not directly causative of their injury. This gives WorkCover less opportunities to reject the claim based on the reasonable management action exception. We strongly encourage injured workers to seek our advice and assistance in navigating this difficult area of law. 

What are the time limits for WorkCover claims?

Strict time limits apply to WorkCover claims, so it’s important to seek legal advice as soon as practical after your injury. A claim for compensation is generally only valid if lodged within six months after the date in which the worker is assessed by a doctor. 

This time limit may be waived if WorkCover are satisfied that the delay in lodging the application was due to mistake, absence from the State, or a reasonable excuse. 

Different time limits may apply if WorkCover make a decision to reject an application for medical treatment and hospitalisation. This decision must be appealed to the Industrial Magistrates Court within 20 business days after receiving the rejection notice. 

What happens if my WorkCover claim is rejected?

There are many reasons as to why WorkCover may reject claims. In some cases, it may be that WorkCover determined that the injury did not relate to your work. This could be due to incorrect information or lack of medical evidence provided. 

If your claim is rejected, you should seek legal advice immediately to determine if the decision can be overturned. Once you have received the ‘Reasons for Decision’ from WorkCover, you have three months to lodge a review to the Regulator.  

The following case study is an example of where we have acted on behalf of an injured worker with respect to reviewing a rejected WorkCover decision for a psychological injury.

Rejected WorkCover decision case study

In August 2020, Sciaccas Lawyers were contacted by an injured worker who had suffered depression and anxiety as a result of being bullied and harassed by colleagues in the workplace. WorkCover had rejected the claim stating that the bullying events could not be substantiated and that the injuries arose out of management action, conducted in a reasonable way.

Sciaccas reviewed this decision to the Worker’ Compensation Regulator. During this process, we sought clarification from our client’s General Practitioner as to the precise cause of the injury. This medical evidence clarified that the injury did not arise as a result of any management action, but instead, the bullying and harassment directly from the worker’s colleagues.

We gathered further witness statements and policies to substantiate that our client had been subject to bullying behaviour in the workplace over a period of time, which caused our client’s mental health to decline significantly.

The Regulator accepted our submission that the medical evidence indicated that the injury related solely to interactions with our client’s colleagues, and did not arise out of management action. Therefore, our client’s claim could not be excluded under the ‘reasonable management exception’ and was considered as one for acceptance.

How much will it cost to review?

Sciaccas Lawyers will provide you with a free legal consultation to discuss your claim. We will also provide an estimate of legal costs as well as the relevant time frames that will apply to your claim. 

If we determine you have reasonable prospects of success, Sciaccas Lawyers may decide to act for you on a ‘no win, no fee’ basis. 

If a WorkCover claim is accepted, you are entitled to receive payments for time off work and for medical expenses until their injury is deemed to be ‘stable and stationary’. Should any worker have any queries regarding the services we provide, they should not hesitate to call us on 07 3867 8888 or contact us online.

By: Melinda Lovell

Sciaccas Lawyers are proud to provide legal services to Emergency Services Workers. We offer a number of services free of charge and/or on a no win, no fee basis, depending on the nature of the claim and the prospects of success. 

If a worker suffers an injury in the course of their employment, whether physical or psychological, they are entitled to lodge a statutory claim for WorkCover benefits.  

We encourage workers to seek our advice prior to lodging their application with WorkCover to give themselves the best chance of having their claim accepted. 

A WorkCover claim will be accepted if the injured worker can establish that:

• They are a worker;
• They have suffered a personal injury; and 
• Their work was a significant contributing factor to that injury.

The Reasonable Management Action Exception

For claims involving psychological injuries, it is also necessary to establish that the injury has not arisen out of reasonable management action taken in a reasonable way.  

The difficulty with psychological injuries is articulating the precise cause of the injury. More often than not, psychological injuries arise out of a series of events accumulated over a period of time. This ultimately allows WorkCover to utilise the exception of ‘reasonable management action’ in order to reject the claim. 

It is important that workers do not list issues if they are not directly causative of their injury. This gives WorkCover less opportunities to reject the claim based on the reasonable management action exception. We strongly encourage workers contact us and seek our advice and assistance in navigating this difficult area of law. 

Review to the Workers’ Compensation Regulator

If the application is rejected by WorkCover, we can assist workers in applying for a review of their decision to the Workers’ Compensation Regulator. Sciaccas Lawyers will obtain and examine the member’s WorkCover file and advise the worker of their prospects of success in overturning that decision. 

We note that workers have three months to lodge this review. 

If a WorkCover claim is accepted, the injured worker is entitled to receive payments for time off work and for medical expenses until their injury is deemed to be ‘stable and stationary’. Subsequently, the worker may receive a Notice of Assessment from WorkCover containing an offer of lump sum compensation based upon their degree of permanent impairment (DPI). 

The following case study is an example of where we have acted on behalf of a worker with respect to reviewing a rejected WorkCover decision for a psychological injury:

Case Study  

Sciaccas Lawyers was contacted by a worker who was suffering significant psychological distress in the workplace. The worker was subject to ongoing bullying by his superiors over a number of years and became suicidal. However, a lot of the bullying was occurring ‘behind closed doors’ and was witnessed by very few people. This worker was forced to take sick leave and the medical certificate stated that he could not return to work for a long period of time. This worker proceeded to make an application for compensation to Workcover Queensland for a psychological injury, which was subsequently rejected as none of the bullying events could be substantiated, and that the actions by his superiors were found to be ‘reasonable management action’. 

We reviewed this decision to the Workers’ Compensation Regulator. During this process, we gathered witness statements and sought medical opinion in order to evidence that the nominated events had in fact taken place as described by the worker. We further submitted that there was a clear breach of several workplace policies and that management had acted unreasonably. 

The application for review was successful and the original decision of WorkCover Queensland was overturned. The worker was then able to access the psychological assistance they needed as well as receive weekly compensation for lost wages. 

We are now also investigating this worker’s rights to bring a common law claim. 

The New Bill 

The Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill 2020 (the Bill) introduces presumptive workers’ compensation laws for first responders diagnosed with PTSD. 

Under the new laws, workers who are struggling to cope with PTSD will not have to prove their work is a significant contributing factor to their injury – it will automatically be presumed.  

This new change in law will be highly beneficial for workers struggling with PTSD, as previously, workers would be put through significant delays and unnecessary investigations in order to prove their PTSD was work related. For workers who do not have a psychiatrist’s diagnosis to support their claim, this will be arranged and funded by WorkCover. The revised approach is designed to make it easier for first responders to come forward and seek treatment early. 

The changes to Queensland legislation are a step in the right direction for first responders exposed to trauma and will provide an alternative claim pathway for workers struggling to cope with PTSD. The new legislation essentially reverses the onus of proof away from the worker and promotes an earlier acceptance of claims. 

The bill was assented to on 20 May 2021.

Common Law 

When a worker receives the Notice of Assessment, Sciaccas Lawyers provide a further service in assessing whether the worker has reasonable prospects of success in a common law claim. Should Sciaccas consider there are reasonable prospects, we will act for the worker on a no win, no fee basis. 

Other Services Offered 

Sciaccas Lawyers continue to provide a no win, no fee service for members who suffered a personal injury in a motor vehicle accident.  

We further provide a no win, no fee service for total and permanent disablement (TPD) claims. 

Sciaccas Lawyers strive to provide professional legal services to all workers and their families. Should any workers or their families have any queries relating to the services we can provide, please do not hesitate to contact us online or call us on 3867 8888 or 1800 658 525.

By: Jason McAulay

In Queensland, we still have a very large and diverse manufacturing industry where employees perform demanding physical work. These factory workers should know what support is available when it comes to injuries in the workplace.  

Causes of factory or manufacturing work accidents

Factories and manufacturing centres are relatively hazardous work environments, given the physical nature of the work and use of heavy machinery, chemicals and other manufacturing aids.  

Common causes of factory accidents include:

• Slips and falls, especially when oil and other liquids aren’t cleaned
• Overexertion due to high physical demands
• Machine malfunctions or accidents
• Chemical exposure
• Falling objects
• Accidents involving vehicles like forklifts

Most common manufacturing or factory injuries

Factory or manufacturing work is often repetitive in nature, causing an injury over a period of time or in other cases a specific injury.

These factory injuries can include:

• Dislocations or muscle strains
• Broken or crushed bones
• Musculoskeletal disorders due to overexertion
• Burns or chemical irritation
• Concussion or a serious brain injury

Right to Workers’ Compensation in Queensland

If you are injured at work, you are entitled to lodge a Workers’ Compensation claim with WorkCover Queensland or the self-insurer. Some workers may even be covered by the Commonwealth Comcare system and workers should lodge the appropriate Workers’ Compensation claim with their insurer after a factory accident. 

Sciaccas Lawyers has represented union and non-union manufacturing workers for over 45 years. We have the experience to provide advice to you about the “dos” and “don’ts” and more importantly the traps in lodging claims in Queensland. We have found that clients are reluctant to lodge Workers’ Compensation claims as they simply feel it is wear and tear on their body, rather than an injury caused by their work. This is not necessarily the case. Manufacturing and factory workers do heavy, physical and demanding work which can cause injuries not discovered until many years after they start work. 

What to do when you’re injured at work

What starts as a small minor niggling injury may turn into an injury that stops you from working. At Sciaccas, we have the experience and know-how to help you to get to know your rights and bring a claim. 

We strongly recommend that if you are in one of these industries and have either had an injury that is causing problems for you or a more serious injury that is preventing you from returning to work that you contact our office and speak to one of our senior solicitors that have acted in this area over a long period of time. 

We are prepared to provide you with advice on a “No Win No Fee” basis and accordingly, you should contact us immediately to discuss your rights. In Queensland, a Workers’ Compensation claim and any potential negligence claim against your employer must be brought within strict time limits. If you miss those time limits you may have no further entitlement. 

To discuss your rights, please contact Sciaccas Lawyers on 1800 658 525 or contact us online.

The Queensland mining industry has faced scrutiny over safety conditions in recent years, following the deaths of several workers. The Coal Mining Board of Inquiry is investigating the sector’s safety standards and has uncovered a number of workplace dangers within the industry.

Considering these dangers, it is vital miners and other mining company employees possess a clear understanding of their workplace rights, particularly regarding safety at work.

Miner safety rights

Miners and employees of mining companies have workplace rights in line with all Australian workers. These rights apply to all workers in mining, whether they be full time or casual, an Australian resident or visa holder.

The right to a fair, safe workplace

Mining workers have the right to work in an environment where their health, safety and conditions are actively protected and respected.

Under this right, miners should expect:

• Instruction on how to perform their responsibilities safely
• To be provided appropriate safety equipment for their role
• Consultation about safety in their workplace

Mining employees should know they can express concerns they may have about safety and that these concerns should be seriously considered by employers. If safety concerns aren’t remedied, workers in mining can refuse to perform work in unsafe conditions.

Workers can also expect to be paid according to their contract and the relevant wage standards for their role and industry. If required, workers also have a right to access the workers compensation scheme in their state.

Mining employers: duty of care

Mining employers, including mining companies and companies which provide services relating to mining, have a responsibility known as a duty of care to protect employees from foreseeable harm.

This duty includes taking actions such as:

• Observing any legal health and safety requirements
• Identifying risks to which employers are exposed to and acting appropriately to reduce them
• Investigating safety concerns raised by employees and taking the appropriate action
• Ensuring workers are provided with adequate safety training and the resources to perform their responsibilities safely

If a miner is injured at work, employers must accommodate the employee’s recovery and assist their return to the workplace.

Injured working in the mining industry? Sciaccas can help

Sciaccas Lawyers has a proud history of representing clients injured working in the mining industry. If you need legal advice, contact us online or at 1800 658 525 to speak with one of our lawyers.