Fatigue is one of the most overlooked causes of workplace accidents and work-related injuries across Queensland. Whether it’s caused by long work hours, poor rostering, or insufficient breaks, workplace fatigue can significantly impair a worker’s ability to work safely and lead to serious physical injuries or psychological injuries.
When workplace fatigue leads to an injury, many injured workers wonder: Is the employer liable? In many cases, the answer is yes. Employers have a duty of care to manage the risk of fatigue just as they must manage other workplace hazards.
Here’s what you need to know about workplace fatigue injury claims and your rights if you’ve been injured.
Understanding workplace fatigue
Fatigue is more than just feeling tired. It is a state of physical exhaustion and reduced mental and physical ability that can significantly impair judgement, concentration, and reaction time. Work induced fatigue can increase the likelihood of accidents caused by slow reflexes, poor decision-making, and coordination errors.
Common causes of work-related fatigue include:
- Excessive work hours or shift work;
- Lack of adequate breaks or rest periods;
- Physically demanding or mentally exhausting tasks;
- High workloads or prolonged periods of concentration without a break.
The effects of fatigue can contribute to both physical injuries (such as falls or machinery accidents) and psychological injuries (including stress, anxiety, and even mental illness).
Employer obligations to manage workplace fatigue
Under Queensland’s health and safety laws, including obligations highlighted by Safe Work Australia, employers and persons conducting a business have a duty of care to ensure the health and safety of their employees.
This duty extends to identifying fatigue as a risk, implementing effective fatigue management strategies, and ensuring workers are able to work safely.
Employers must:
- Monitor and limit work hours to prevent excessive workloads;
- Ensure procedures for breaks and rostering support rest and recovery;
- Provide guidance and resources on managing workplace fatigue;
- Address risk factors such as night shifts, overtime, or unrealistic deadlines.
When an employer fails to manage fatigue properly, and an employee suffers a work-related injury as a result, they may be exposed to workers compensation claims or even direct negligence claims through the court system.
Can you claim workers compensation for fatigue-related injuries?
Yes. If work related fatigue was a contributing factor to your accident or injuries sustained at work, you may be entitled to workers compensation through WorkCover Queensland or your employer’s workers compensation insurance.
Common examples of fatigue-related injury claims include:
- Falling asleep while operating machinery;
- Slips, trips, and falls caused by reduced alertness;
- Vehicle accidents during personal travel management plans linked to work;
- Psychological breakdowns caused by chronic fatigue and overwork.
In some cases, the consequences of fatigue have been severe enough to result in several fractures, permanent disability, or significant psychological injuries – all of which are compensable under Queensland’s workers compensation laws.
It’s important to note that claims managers assessing these claims will look closely at evidence of work-related causes, including your roster, workload, and the employer’s approach to fatigue management.
Employer liability and negligence
In certain circumstances, an employer may be found directly negligent if they failed to implement adequate fatigue management practices, especially if reasonable care would have prevented the incident.
The Supreme Court of Queensland and the NSW Supreme Court have both found employers liable in cases where fatigue was a foreseeable risk and no proper action was taken to minimise it.
Where an employer breaches their duty of care and a workplace accident occurs, the injured worker may have options beyond a workers compensation claim, including suing the employer directly through a civil liability action.
Why legal advice matters in workplace fatigue injury claims
Proving that workplace fatigue was a contributing factor to an injury can be complex. Employers and insurers often try to argue that the injury was due to other factors outside their control.
An experienced personal injury lawyer can help you:
- Gather medical and employment evidence;
- Prove breaches of duty of care;
- Navigate workers compensation claims and possible court action;
- Secure proper compensation for medical expenses, lost income, future costs, and permanent impairment.
Early legal advice can make a huge difference in securing the best outcome for your claim.
How South East Injury Lawyers can help
At South East Injury Lawyers, we have helped many injured workers across Queensland successfully pursue workers compensation claims for workplace fatigue injuries.
We understand how fatigue can impact your ability to work safely and how important it is that employers take their duty of care seriously.
If you have suffered a work-related injury where fatigue was a factor, contact South East Injury Lawyers for a free consultation today.
We’re here to support you through every step of your claim and help you secure the compensation you deserve.
