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Administering the cost of death: organisational perspectives on workers' compensation and common law claims following traumatic death at work in Australia

Citation

Quinlan, M and Fitzpatrick, SJ and Matthews, L and Ngo, M and Bohle, P, Administering the cost of death: organisational perspectives on workers' compensation and common law claims following traumatic death at work in Australia, International Journal of Law and Psychiatry, 38 ISSN 0160-2527 (2015) [Refereed Article]

Copyright Statement

Copyright 2015 Elsevier Ltd.

DOI: doi:10.1016/j.ijlp.2015.01.002

Abstract

Quite apart from its devastating human and psychological effects, the death of a worker can have significant, life-changing effects on their families. For many affected families, workers' compensation entitlements represent the primary financial safeguard. Where the worker was self-employed, the family will generally be excluded from this remedy and have to take the more problematic option of claiming damages at common law. Despite the centrality of workers' compensation, little attention has been given to how effectively workers' compensation agencies address the needs of bereaved families or the views of other organisations involved, such as safety inspectors, unions, employers and victim advocates. Based on interviews with forty eight organisational representatives in five Australian states, this study examines how workers' compensation regimes deal with work-related death from the perspective of those organisations involved directly or indirectly in the process. The study highlighted a number of problems, including the exclusion of self-employed workers and dealing with ‘mixed families’.

Item Details

Item Type:Refereed Article
Keywords:traumatic work-related death, industrial relations, workers’ compensation, families, bereavement, fatal injuries
Research Division:Commerce, Management, Tourism and Services
Research Group:Business and Management
Research Field:Organisational Behaviour
Objective Division:Law, Politics and Community Services
Objective Group:Work and Institutional Development
Objective Field:Employment Patterns and Change
UTAS Author:Bohle, P (Professor Philip Bohle)
ID Code:131375
Year Published:2015
Web of Science® Times Cited:4
Deposited By:TSBE
Deposited On:2019-03-14
Last Modified:2019-06-20
Downloads:0

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