Workers Compensation for Hospital Workers – Case Study

Articles On Workers Compensation Claims

A recent decision by the New South Wales Workers Compensation Commission considered whether a nurse was entitled to receive workers compensation after being injured while getting dinner.

In Singh v Thompson Health Care Limited Mr Singh, an assistant nurse at a Randwick nursing home, drive to work at 9pm and parked his car in the staff car park. He then walked to the KFC store to buy dinner with the intention of returning to work to start his shift at 10pm. While he was buying his meal he was the victim of an unprovoked attack by two men, which resulted in him being taken to hospital by ambulance.

Mr Singh made a claim for workers compensation and the Commission had to decide whether was on a periodic journey to his place of employment at the time he was assaulted. If they decided he was on a periodic journey to his place of work then he would be entitled to receive workers compensation for his injuries.

During the proceedings Mr Singh gave evidence that when he travelled to work it was his intention to leave himself enough time to have dinner before he started his shift and this would have been the case had be not been assaulted. He also gave evidence that he was called on by his employer at about 6pm that evening asking him to work the 10pm shift on short notice.

The Commission found, based on the evidence, that Mr Singh’s usual arrangements for an evening meal had been interrupted when he unexpectedly received the request from his employer to work the night shift. This necessitated him having to purchase dinner from KFC, which is only minutes from his place of work. The Commission accepted the evidence of Mr Singh that it was his intention to undertake this journey before commencing his duties and that he had the intention of returning to commence his duties at a later time.

According to the Commission this evidence meant the journey from work to KFC could be categorised as a “periodic journey” between his place of abode and his place of employment. This in turn meant that Mr Singh was injured during the course of a daily or other periodic journey between his place of abode and employment and therefore entitled to receive workers compensation for his injuries. This workers compensation included payment of his medical and rehabilitation expenses, weekly compensation payments and a possible lump sum payment of compensation.

At Walker Legal, our experienced Compensation Lawyers keep up-to-date on what's happening in the workers compensation area.

We act with knowledge and expertise to help people injured in workplace accidents or those who have lost loved ones in workplace accidents.

Call us to today on 1800 445 537 or email Steve Walker on sw@walkerlegal.com.au.

 

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