Calls to overhaul laws so police injured at work can sue for damages

Pressure is growing on the government to urgently reform legislation that prevents police officers injured at work from suing for damages.

Recent court rulings have found that Victoria Police officers may not be owed a duty of care by the state, leaving dozens of injured officers facing rejected or reduced claims.

Arnold Thomas & Becker Principal Matthew Fitzgerald said the situation exposes a serious inconsistency in how the law treats police officers.

“It is contradictory that the WorkCover legislation considers police officers ‘workers’ for the purpose of accessing entitlements under the WorkCover legislation … yet once common law proceedings are commenced, injured police officers are not considered to be ‘workers’,” Mr Fitzgerald said.

“They are instead forced to manufacture the existence of novel circumstances as to why the State of Victoria should owe them a duty of care in the performance of their duties.
This now creates an extra level of uncertainty for injured police officers as if we are unable to get the court to accept the existence of a novel duty owed by the state of Victoria, there is no entitlement to common law damages.”

Arnold Thomas & Becker continues to represent multiple police officers impacted by this legal loophole, calling for urgent reform to ensure all workers — including sworn police — are entitled to fair compensation for workplace injuries.

Read the full story at the Herald Sun.

Contact us

Have you suffered an injury at work? You may be entitled to compensation. For more information or to talk to a lawyer, call us on 1300 333 300.

 

Get in touch

Testimonials

I’d been living the dream my entire life and it all came crashing down. When I was faced with a legal issue, I didn’t know where to start as far as making a claim. I saw an ad on TV saying give “Arnold Thomas & Becker a call…” so I did. 

After speaking with Lee Flanagan and listening to his knowledge of law, I felt at ease as he understood my situation and my occupation as a Professional Athlete.  I decided then and there this was the right law firm for me.

The fact that Lee was also a surfer and understood how I earned an income from surfing made all the difference.  

 My lawyers Lee Flanagan and Aki Munir are experts in their field and they certainly proved that.  Their legal assistant Lucy Maher was always on the ball and kept me informed throughout my claim.

 Initially I had approached another well-known law firm (who I was told were the best), but they just didn’t get it.  

I’m so grateful to the Arnold Thomas & Becker team – they achieved an incredible outcome for me.  I’m relieved to put all this behind me and start my life again.

Ross Clarke-Jones – Big Wave Surfer 

Ross Clarke-Jones - Big Wave Surfer