OH&S

Workcover (OH&S) Prosecution

A death or serious injury in the workplace can have devastating effects upon a business. At first there is likely to be a loss of production as people come to terms with the events. This loss of production may appear in a number of different forms, including sick leave related to stress, despondent workers who are preoccupied with the death or serious injury, and the loss of staff who may be concerned about their safety.

Following the incident, Workcover will hold an investigation. This investigation will involve interviewing a large number of staff. In NSW members of your business must answer questions and provide documents to the investigating officials. These interviews may implicate supervisors and senior staff. In other states and territories witnesses can object to making statements. If they do object, then the investigating officials cannot use the statement against that person. In any event, it is most important that you get legal advice immediately so that you can protect your business as best you can.

Armstrong Legal are able to oversee your company’s response to the death or serious injury. Our services include:

• Marshalling the right experts who can certify that the premises are safe, thus allowing resumption of production as soon as it is possible;
• Organisation of counsellors to provide grief counselling;
• Provision of specialist criminal law solicitors who can sit in on every interview with every staff member;
• Appearance in the Coroner’s Court in the event of a coronial inquest or an inquiry into a fire; and
• Expert advice and representation in the event that criminal charges are laid against the business or any member of the business.

Armstrong Legal have two former prosecutors who have worked as sergeants assisting the coroner in numerous coronial inquests and fire enquiries. Together with all members of our criminal law team, they are acutely aware of the unique rules that apply to the Coroner’s Court. This is a highly specialised field and it is important that you choose a solicitor who has a proven track record in handling serious workplace accidents.

The management of workplace accidents must be taken very seriously, as very serious criminal charges can be laid if a business or individual is found to have been grossly negligent. These charges can include manslaughter and a negligent act causing grievous bodily harm or death.