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Three instances when you won't be held liable for your travelling employee's injury or illness

by , 30 January 2014
If you have employees who travel for work you'd know that you're responsible for their health and safety the entire time they're away for work. What you may not know is there are three instances where you won't be held liable for their injury or illness.

Have travelling employees? If so, pay close attention…

Both you and the compensation commissioner won't be liable for compensation in the following three instances:

#1: Where your employee makes a claim more than12 months after an accident, death or diagnosis of a disease.

#2: You won't be held liable for any behaviour categorised as misconduct or willful neglect.

The Health & Safety Advisor gives the following example of misconduct or willful neglect: Steven travels to a country for a six month contract and before long he starts mixing with the locals and gets involved with alcohol and drugs to ease his boredom and stress. He indulges in the occasional risky sexual activity with the local sex workers. And after leaving the bar, he gets involved in a car accident and refuses to go to hospital for what he believes to be minor injuries.


In this example, you won't be responsible for Steven's:

  • Alcohol and drug addiction;
  • Sexually transmitted infections should he be infected; or
  • The car accident that happened after being under the influence.

#3: Where your employee unreasonably, refuses to have medical treatment.

Important: These are the ONLY three instances when you won't be held liable for your employee's injury or illness.

In general, you must take steps to protect your travelling employees.

How do you do this?

Read this article - it contains four steps you can use to protect travelling employees from disease and injury.


Discover how to get COID to award every incident your company claims for...


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