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Advocacy Services

Occupational Illness

Work place illness

Read our page Injury also for more information. 

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According to one Australian studies, it is estimated that 81% of workers are regularly exposed to more than one carcinogen at work and 26% of workers are exposed to more than five. This means that each day, thousands of Australians go to work and may be unknowingly endangered by their occupational exposure to chemicals, fumes, dust and other cancer-causing agents. These alarming rates show the necessary efforts that need to be made to raise awareness on workers’ rights in relation to occupational diseases.

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The International Agency of Research for Cancer (IARC) has identified some of the most common carcinogenic substances that workers in Australia are being exposed to are:

  • Aflatoxins (mould)

  • Asbestos

  • Benzene

  • Coal dust

  • Silica

  • Solar radiation

  • Tobacco

  • Welding fumes

  • Wood dust

 

Unfortunately, this means that the workers with the greatest risk of developing occupational diseases are stonemasons, miners, tunnellers, firefighters, farmers, welders, manufacturers and those working in the trade industry.

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Claims

If you have been injured at work or because of work, you should:

  • see your doctor and get a workers' compensation medical certificate

  • tell your employer about your injury and give them a copy of your medical certificate

  • lodge your claim with WorkCover Queensland

  • keep copies of all documents relating to your injury and claim.

 

There are 2 types of claims:

  1. statutory (no-fault) claims

  2. common law claims (where the employee seeks common law action through the courts against their employer).

 

All claims made in Queensland first need to be lodged as a statutory (no-fault) claim. If you're unhappy with the decision made in relation to your claim, you can appeal the decision through the Workers' Compensation Regulator or by phoning 1300 739 021.

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Statutory claims

For statutory claims, compensation is paid regardless of who was at fault for causing the injury.

Payments and benefits (known as statutory compensation) received for these claims may include:

  • weekly payments as income replacement

  • lump sums to compensate for permanent impairment

  • hospital and medical expenses.

 

Common law claims

Common law claims involve an injured worker suing their employer for negligence.

Generally, a common law claim can only proceed after a statutory claim has been lodged, and then accepted by WorkCover Queensland or the relevant self-insurer. A common law claim may only proceed when WorkCover Queensland or the self-insurer issues a notice of assessment of injury.

 

The courts may award payments (known as common law damages) for:

  • economic loss

  • pain and suffering

  • legal costs

  • medical and hospital costs.

 

More information

Contact WorkCover Queensland on 1300 362 128 (Monday to Friday, 8am–5.30pm).

Read more information on workers' compensation, including:

 

Keep working

Getting back to work—sometimes doing lighter duties can reduce your financial and emotional stress, and plays a vital role in your injury rehabilitation.

Dismissal during work cover period

Under the National Employment Standards, if an employer dismisses an employee while they’re away from work on workers’ compensation, they need to give the employee written notice.

 

Employers can choose to:

  • give the employee their minimum notice period which can run at the same time as their absence on workers’ compensation

  • pay out the notice (also known as a payment in lieu of notice), or

  • give a combination of the two.​

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Employees who are covered by an award, enterprise agreement, other registered agreement or employment contract should check if they have different notice of termination entitlements for when they are away from work on workers’ compensation as they may be entitled to payment in lieu of notice.

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The above only applies usually applies if there is a genuine ending of employment. An employer cannot dismiss you while you are away from work recovering due to a work related illness or injury.

Psychological illness 

Under the Coal Mining Safety and Health Act 1999 (Qld) all coal mine operators have an obligation ensure the psychological risks to coal mine workers is an acceptable level. Industry regulator, Resources Safety and Health Queensland, considers psychosocial risk is a risk to the health or safety of a worker or other person from a psychosocial hazard. A psychosocial hazard is widely accepted in Australia as the following:

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All Queensland coal mine workers also have the option of reporting complaints relating to psychosocial hazards, that can be made anonymous or confidential. Incidents and complaints can be reported by calling RSHQ’s dedicated phone number for these matters - 1300 581 077. Further information is available on RSHQ’s website.

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Further work is also being progressed to clarify the obligations to manage psychosocial hazards in Queensland’s resources industry and developing a guideline specifically for the Queensland resources industry on managing the risks of workplace sexual harassment. The full report is available to download.

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