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August 03, 2019 on chapter Bullying

Can a worker claim workers’ compensation for an injury caused while breaching company policy?

Are employees still entitled to claim workers’ compensation if they sustain an injury while at work but in the process of performing an act that is not legal and/or breaches company policy? Our business operates in NSW.

You should obtain advice from your insurer in respect of your business’s workers’ compensation obligations regarding a particular incident.

By way of general guidance, “a worker can make a workers’ compensation claim if they sustain an injury in the course of their employment. Any injury or illness claim can be compensable, as long as the worker’s employment is a significant or substantial cause of the injury or illness (but not necessarily the sole cause).”

In NSW:

  • if it is proved that an injury to a worker is solely attributable to the serious and wilful misconduct of the worker, compensation is not payable in respect of that injury, unless the injury results in death or serious and permanent disablement — s14(2) of the Workers Compensation Act 1987 (NSW); and
  • no compensation is payable in respect of any injury to or death of a worker caused by an intentional self-inflicted injury — s14(3) of the Workers Compensation Act 1987 (NSW).
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