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.
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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.