My Employer Was Negligent – What Can I Do?

Finding yourself injured at work is tough enough—but when it’s because your employer didn’t take proper care to keep you safe, it adds another layer of stress, frustration, and uncertainty. Maybe you’re wondering if what happened could’ve been prevented. Maybe you’re even blaming yourself. But here’s the truth: every employer in Australia has a legal duty to provide a safe working environment. If they fail to do that, and you get hurt as a result, you may have the right to take action through what’s called an employer negligence claim.

Let’s walk through what that actually means—without all the legal fluff—and talk about what your next steps might look like.

First, What Counts as Employer Negligence?

Negligence isn’t just about someone doing something wrong—it’s often about them not doing something they should’ve done. In the workplace, this can mean failing to:

• Provide proper training
• Maintain safe equipment
• Follow safety protocols
• Fix known hazards
• Offer appropriate protective gear

Let’s say you were working on a construction site and the scaffolding hadn’t been inspected in months. It collapses, and you break your arm. That’s a pretty clear example of something that could’ve been prevented if the employer had taken reasonable care.

Here’s another one: imagine you work in a kitchen and your boss knew there was a leak causing the floor to be slippery, but they didn’t fix it or warn anyone. You slip and seriously injure your back. That’s likely employer negligence too.

What Are Your Rights If You’ve Been Injured?

In Australia, workers are generally covered under the workers’ compensation scheme in their state or territory. This means if you’re injured on the job—regardless of whose fault it was—you’re usually entitled to make a claim for medical expenses, lost wages, and possibly more.

But when employer negligence is involved, things can sometimes go further. Depending on your situation, you might also be able to make a common law claim—which is basically a legal action for damages when your injury was caused by someone else’s negligence.

It’s a bit more involved than a regular workers’ comp claim, but it can also mean receiving more substantial compensation—especially if the injury has impacted your life long-term.

Real-Life Example: Let’s Put This Into Context

Picture this: a warehouse worker is asked to move heavy boxes, but hasn’t been given proper manual handling training. One day, while lifting, he severely injures his lower back. He files a workers’ comp claim and gets some medical expenses covered. But the injury prevents him from returning to his job, and his future earning potential is affected.

In a case like this, there may be grounds to argue the employer was negligent by not providing training. That opens the door to a common law negligence claim, which could provide him with a lump sum payout—something that basic workers' comp doesn’t always cover.

So What Should You Do If You Suspect Negligence?

Here’s the honest truth: time is important. The longer you wait, the harder it might be to gather evidence or meet legal deadlines. Here’s what you should consider doing right away:

1. Report the Incident

Tell your supervisor or manager about the injury. Get it in writing if possible, and make sure it’s properly recorded.

2. Seek Medical Help

Even if you think it’s minor, go see a doctor. That creates a paper trail of your injury and ensures you're getting the right treatment.

3. Keep Notes and Take Photos

Document everything—how it happened, where it happened, what you were told, and any unsafe conditions you noticed. If you can, take photos.

4. Talk to a Lawyer (Really)

You might feel nervous about getting legal advice, especially if you’re worried about your job. But a good personal injury lawyer will walk you through your options without pressure. Many offer free consultations and “no win, no fee” agreements, so it won’t cost you anything upfront.

What Can You Be Compensated For?

This varies from case to case, but employer negligence claims can cover things like:

• Medical expenses (now and into the future)
• Loss of income
• Pain and suffering
• Loss of enjoyment of life
• Domestic care and help you need because of the injury

It’s not about being greedy—it’s about being treated fairly and having the support to recover, especially if your life has changed dramatically because of the injury.

Can You Be Fired for Making a Claim?

This is one of the most common concerns—and it’s understandable. You might worry about retaliation or losing your job. But it’s important to know that the law protects workers from being unfairly treated for making a claim. Employers are not legally allowed to punish or fire you simply because you exercised your rights.

What If the Injury Happened a While Ago?

You might still have options. In many cases, you have up to three years from the date you knew—or should have known—you were injured because of negligence to start a common law claim. That said, don’t wait too long. The sooner you get advice, the better.

Don’t Be Afraid to Speak Up

No one wants to rock the boat, especially at work. But if your employer’s negligence has caused you harm, you deserve to be heard. Making a claim isn’t about revenge—it’s about fairness. It's about making sure you can move forward with the support you need and, in some cases, holding employers accountable so the same thing doesn’t happen to someone else.

Final Thoughts

Whether it’s a small injury or something life-changing, you don’t have to go through it alone. Get informed. Ask questions. And remember, your safety is not optional—it’s a legal responsibility.