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QMT Law
QMT Law offers all BLF members initial legal advice free of charge for a range of legal matters including:
- wills and estates
- criminal matters
- workers compensation claims
- extra-ordinary license applications.
They also offer greatly reduced rates on other matters including conveyancing.
Visit http://www.qmtlaw.com.au/ for more information or call (07) 3223 6400.
Making the law work for you: A guide to protecting your legal rights
Provided by your union lawyers Quinlan Miller & Treston
Keep A Diary
Why should you keep a diary of where, and with what, you work?
Not all injuries suffered in the workplace arise as a consequence of an accident. In a recent edition of this magazine, Darryl Kerr reported on medical symptoms experienced by builders labourers working on a site that had previously been used for the manufacturing of herbicides in the 1960’s. Subsequent investigations found contamination in the soil on some parts of the site.
Those investigations were necessary because workers noticed a smell, suffered headaches and developed a rash as a consequence of doing their job. By all accounts, these symptoms came on quickly. No doubt the workers involved will remember that job site for quite some time to come.
Fortunately not everyone exposed to a hazardous substance will suffer an illness as a consequence of that exposure. Hopefully there will be no adverse effects for the workers exposed on this site.
Those who do suffer symptoms as a consequence of exposure to a hazardous substance on any work site may experience minor symptoms, over a short or a longer period of time.
Sometimes the symptoms are severe and tragically, in a minority of cases, the exposure to the hazardous substance may result in death.
It is widely known that exposure to asbestos dust without the protection of a respirator greatly increases the risk of suffering fatal lung diseases such as asbestosis and mesothelioma. The majority of workers exposed to asbestos dust who are now suffering from lung disease generally report not being aware that they had inhaled it or knew of its danger.
Other hazardous substances, such as silica or chemicals can also be found in the workplace. Exposure to these substances can also cause illness.
Sometimes a person is quickly aware of ill effects from exposure as symptoms occur in a short period of time. Sometimes it may be years before the illness caused by that exposure occurs.
Workers who suffer illness from exposure to hazardous substances are equally deserving of workers’ compensation as those who suffer a cut hand, broken leg or sore back.
If the illness does not arise until years later, obtaining compensation can be difficult if one cannot identify the site or name of the particular contractor responsible for that site.
Victims of asbestos are often struck down some 20-30 years after exposure to asbestos dust. Silicosis, a lung disease caused by inhalation of silica particles found in some sands, concretes and in quartz in the ground may not develop until after 10 years of exposure to the silica particles.
Exposure to some trace elements found in various chemicals may cause damage to internal organs but that damage may not eventuate until years later.
If a claim for compensation needs to be made in these circumstances a detailed work history will be required. Identifying all places where someone has worked after that lapse of time is often difficult but is necessary in order to determine who is responsible and who that worker should sue to recover compensation.
If you suffer any symptoms of illness as a consequence of work, you should consult your doctor immediately.
You should also keep a record of where you work, the name of the contractor on site, the name of your employer, and the date you were exposed. If you are on site and later discover that workers were exposed to hazardous substances on that site, but you suffer no immediate ill-effects, then you should also keep a similar record.
Given that builders labourers work on many worksites over their working lifetime, it is recommended that a work diary be kept listing names of all the sites that you work on, the date you worked there and the name of the principal contractor of that site. Darryl Kerr will no doubt remember the Cullen Avenue site for quite some time because the symptoms came on quickly, but will you remember in thirty years time the name of the site and the name of the building contractor responsible for the site you are presently working on today? Hopefully a documented work history may never be required, but keeping such a record will assist workers and their family members to access Workers’ Compensation if illness does arise as a consequence of such an exposure.
Lastly, it is important to report all work accidents and to seek medical treatment for injury. Hospitals generally retain records for approximately seven years, medical practitioners can retire, medical records can be lost or destroyed and the name of the doctor 15 to 20 years ago can be forgotten. A work diary or record of places worked at particular points in time may be the difference between receiving, or not receiving, compensation for a condition which only becomes noticeable after the significant passage of time.
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