eCite Digital Repository

Processes for disputing liability to pay workers’ compensation for psychological injury

Citation

Rundle, O and Woods, M and Michaelson, L, Processes for disputing liability to pay workers' compensation for psychological injury, Journal of Civil Litigation and Practice, 7, (2) pp. 105-130. ISSN 1839-4574 (2018) [Refereed Article]

Copyright Statement

Copyright 2018 Thomson Reuters (Professional) Australia Limited

Official URL: https://legal.thomsonreuters.com.au/support/produc...

Abstract

Where a worker makes a claim for workers' compensation, employers may resist the payment of compensation on the basis that they have a defence. This article concerns the preliminary processes by which disputes about liability are raised and determined in Australian jurisdictions, with a particular focus upon the procedure that applies in Tasmania. The article first introduces the substantive legal context of the procedures discussed, dispute systems concepts and terminology. The claims-making processes across all Australian jurisdictions are described and compared. The peculiarities of the Tasmanian system then become the main focus, with consideration of its purpose, process, and significance. We conclude that the interlocutory process in Tasmania is a significant end point for injured workers' claims, despite the limited inquiry of as 81A hearing. This raises questions about the justice of the workers' compensation system within the context of psychological injury.

Item Details

Item Type:Refereed Article
Keywords:workplace injury, workers compensation, process, dispute psychological injury
Research Division:Law and Legal Studies
Research Group:Law
Research Field:Labour Law
Objective Division:Law, Politics and Community Services
Objective Group:Work and Institutional Development
Objective Field:Workplace Safety
UTAS Author:Rundle, O (Dr Olivia Rundle)
UTAS Author:Woods, M (Dr Megan Woods)
UTAS Author:Michaelson, L (Ms Laura Michaelson)
ID Code:128852
Year Published:2018
Deposited By:Law
Deposited On:2018-10-17
Last Modified:2019-01-11
Downloads:0

Repository Staff Only: item control page