Tragically, a 30 year old construction worker died on 23/6/14 when a partially built wall collapsed at his workplace as a result of strong winds in Melbourne. A co-worker frantically tried to rescue Michael Klanja from the rubble but paramedics could not revive him. Michael leaves behind his family including his wife and two young sons. Understandably, his supervisor, who was also a family friend, was devastated to have witnessed Mr Klanja’s death. To read more please click here…
If a similar situation were to occur in Queensland, the Workers’ Compensation and Rehabilitation Act 2003 provides for claims for compensation by dependants of deceased workers regardless of proof of negligence. Examples of dependants include spouses, defacto partners and children. Additionally, claims for damages can also be made by dependants where, on the balance of probabilities, it can be proven that the employer’s negligence resulted in the death of the worker.
The facts surrounding Mr Klanja’s tragic death and his supervisor’s trauma also remind us that claims may be made in respect of “nervous shock”. In other words, if it was foreseeable that that a person who witnessed a death would suffer a psychological injury as a result, then the option of exploring a claim for compensation should be made. In some cases, the hearing of a loved one’s death and the suffering of a psychological injury as a result may be enough to bring a “nervous shock” claim.
If you have any questions in relation to a possible loss of dependency claim or nervous shock claim, please contact McColm Matsinger Lawyers.