Warning: Employers Liable for Fatigue Injuries

If employees are suffering from work-related fatigue your organisation could be held liable for any accidents or injuries that occur outside of the workplace. Recent case law demonstrates that workers’ compensation claims can be awarded even when injuries take place outside the workplace if it can be proven the worker is likely to have suffered from work-related fatigue and that fatigue is the likely cause of the incident.

Identify the signs of fatigue

To avoid liability due to worker fatigue injuries, it is important to identify the signs of fatigue and take all reasonable steps to eliminate it. Take a look at our fatigue fact sheet below:

Case Law: $500,000 awarded for fatality caused by work-related fatigue

Recent case Law

In Stephen and Leanne Ethel Eastman v Namoi Cotton Co-Operative Limited (2014) An employee died during her drive home after being required to work 12-hour shifts, 6 consecutive days with only 2 days off. Even though the accident happened outside of work hours and was in no way related to her work the family was awarded nearly $500,000 in workers’ compensation.

In making the decision the arbitrator noted that “employment does not have to be the only or even the main cause” of the incident. It only needs to be a contributing factor.

Fatigue Management Plan

Ideally, companies should have appropriate Fatigue management plans in place. A fatigue management plan is a collective set of procedures and policies to help minimise the risks of fatigue in the workplace. If you need help preparing one, contact us we can assist.

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