DWNewsflash | December 2013 Self Insurance, Workers Compensation & Workplace Law written by When Will You Be Liable For The Doctor’s Mistakes?
Employers may not be aware that the liability
In this case a worker was unaware of a spinal
for workers who receive negligent medical
tumour until activities at work caused an
treatment for compensable injuries, which
aggravation to the tumour which resulted in
aggravates pre-existing injuries and causes
symptoms developing in the worker’s left arm
new ones, could ultimately rest with them.
to remove the tumour and also relieve the
A recent case in New South Wales, reported in symptoms in his left arm and neck. As a result
the Sydney Morning Herald (see link below),
of the surgery, the worker was then totally
has highlighted the importance of Employers,
incapacitated for a period of time. The Full
when managing WorkCover claims, to ensure
that they obtain early and competent medical
1. One of the reasons for the surgery was the
alleviation of symptoms attributable to the
work-for-life-due-to-cure-for-industrial-injury-
2. Without the work related injury the tumour
In CHEP Australia Limited v Strickland the
worker was receiving treatment for a work-
3. There was a direct causal link with the
related repetitive strain injury to her wrist.
The worker was prescribed Mobic, an anti-
Essentially, this makes employers liable
inflammatory drug, as part of the treatment for
(registered employers through their premiums
her injury. Shortly after beginning to take Mobic and self-insured employers directly) when
the worker started to complain of headaches
the medical treatment for injured workers
and, as a result of medical advice, stopped
goes wrong, provided that the work related
taking Mobic on the basis that she would
injury was a significant reason for the medical
resume taking it again if the pain increased.
The worker began to take Mobic again and
shortly after reported “extreme pain in her
Employers should always strive to engage
head and eyes” which was found to have been with injured workers as early as possible to
ensure that they are receiving the appropriate
treatment they need in respect of their injuries
and rehabilitate them back into the workforce
maintenance and medical expenses as a result as soon as practicable.
of the aneurysm, which was declined by the
Clearly it’s not always possible to ensure that
treatment of injured workers goes smoothly
The New South Wales Workers Compensation and employers seeking to recover the costs
Commission found, on appeal to a Presidential incurred as a result of inappropriate, or
Member, that the Arbitrator’s finding that the
negligent, medical services provided to a
consumption of Mobic was causally linked
to the worker’s aneurysm was correct and
the worker had established an entitlement to
income maintenance and medical expenses.
In South Australia the authority is derived
DonaldsonWalsh Lawyers
from the decision of the Full Bench of the
Workers Compensation Tribunal in Antoney v WorkCover/GIO Australia (Winsford Pty Ltd) Tel +618 8410 2555 Fax +618 8410 2322
This article is for information only. Professional advice should be sought before taking any action highlighted in this article.
Liability limited by a scheme approved under Professional Standards Legislation.
Informazione destinata ai pazienti Legga attentamente il foglietto illustrativo prima di far uso del medicamento. Questo medicamento le è stato prescritto personalmente e quindi non deve essere consegnato ad altre persone, anche se i sintomi sono gli stessi. Il medicamento potrebbe Conservi il foglietto illustrativo per poterlo rileggere all’occorrenza. Atenolol Adico 25, 50, 100 C
DWNewsflash | December 2013