Upcoming events – Spring 2023
Learn more about upcoming events and workshops that LGIS are taking part in.
An outside worker in his early 40s sustained a significant workplace injury to his lower back at a local government owned/ operated facility while trying to assist a ratepayer who had attended the facility.
As a result, the worker underwent major back surgeries resulting in a permanent impairment and an inability to return to work and undertake his pre-injury or any alternative role.
Once the claim was lodged LGIS investigated the situation; it was found that the worker had a pre-existing medical history.
The worker also had psychological issues resulting from relationship challenges and substance abuse. Although these issues were present prior to the work accident, they were heightened during
the claim journey.
It should be noted that workers’ compensation is a no fault system, and employer perception of liability plays no part in the interpretation of the ‘Workers’ Compensation Act (WA).
A pre-employment medical was not done prior to the worker’s employment. A pre-employment medical can be a useful tool in assessing a worker’s fitness for work before starting a new role.
LGIS discovered there was only limited information gathering by the employer at the time of injury, including not taking photographs of the equipment involved, which belonged to a third party. This was a critical piece of evidence and without it, lessened the employer’s ability to defend the matter.
At the date of settlement, this evidence was not available nor was the third party willing to cooperate in the investigation or participate in any legal proceedings.
Although some records were kept by the employer, there was a gap in the record keeping process and communication to workers. In this instance, there was lack of written instructions and policies visible to both workers and ratepayers where the incident occurred.
Learn more about upcoming events and workshops that LGIS are taking part in.
Western Australia is home to 129 public aquatic facilities and thousands more school, hotel/motel and back yard pools. While many know of the risks within these facilities such as lack of patron supervision, inappropriate use of shallow water and issues associated with slips, trips and falls – non-compliance with equipotential bonding (earthing) requirements can present a relatively unknown or hidden risk.
Medicinal cannabis is a therapy that has generated increased national attention over the past two years.
The worker exhausted his full entitlement to weekly compensation and underwent two invasive surgical procedures. Those procedures were not completely successful and caused the worker physical complications which also impacted his pre-existing psychological issues and consequently, his mental wellbeing.
The worker suffered a whole person impairment sufficient to make a common law claim for damages against his employer.
The claim was successfully resolved at a pre-trial conference in the District Court of WA.
Each month we take your questions to one of our LGIS team members to answer.
If you want to submit a question for next issue, email us at [email protected]
The first quarter of 2023/24 has been a busy one for your Scheme; our member services team has been out on the road visiting members, and I’ve enjoyed the opportunity to continue to meet members and discuss the issues that matter to you.
In 2022/23 LGIS received over 2,300 claims and paid out over $43.8 million. It’s a similar story most years with LGIS handling more than 2,000 claims across property, liability, workers’ compensation, motor and volunteer bushfire fighter protection.
An outside worker in his early 40s sustained a significant workplace injury to his lower back at a local government owned/ operated facility while trying to assist a ratepayer who had attended the facility.
LGIS is the unifying name for the dedicated suite of risk financing and management services for WA local governments, established by the WA Local Government Association in conjunction with JLT Public Sector (part of the Marsh group of companies). LGIS is managed by JLT Public Sector (ABN 69 009 098 864 AFS Licence 226827).
Risk Matters, via this website, is designed to keep members, their staff and elected members informed on topical risk management and insurance issues and LGIS programs and services.
