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About this blog

The authors of this blog are lawyers or consultants employed by the RCT Group of companies, which includes staff who work mainly within our Stringer Clark offices.

From time to time, we may also invite guest bloggers to contribute, in which case this will be made clear. Authors who are part of the RCT Group are qualified to practice law in Victoria, Australia. Any advice applies to Victorian State law as at the date of first publication. The information is a general guide only and is not a substitute for legal advice applicable to a user's own circumstances.

Residents of other Australian States or Territories or countries are advised to seek legal advice from a lawyer practising in their own area, as laws may vary from region to region.

Recent Authors

Angela Sdrinis is a senior partner with Ryan Carlisle Thomas. She is an LIV Accredited Specialist in Personal Injuries with extensive experience in Comcare matters.

Richard Derks is a Partner of the firm and practices in the area of personal injury including WorkSafe and transport accidents. He is an advocate in a variety of forums for the rights of the victims of accidents at work and on the roads.

Shaun Marcus is a Partner of the firm. He is an LIV Accredited Specialist in Personal Injuries, practising in this area with a particular focus on workers compensation and asbestos claims.

Peter Claven practices in personal injury at our Warrnambool office. He joined Stringer Clark in 2007 and is a member of the Australian Lawyers Alliance.

Michael Burdess joined Stringer Clark in early 2006 and practices in the area of personal injury including WorkSafe and TAC.

Penny Savidis is a Partner of the firm and practices predominantly in the area of employment law.

Non-English speaking workers are compo casualties - Safe Work Australia Report

If English isn't your first language, chances are you are missing out on injury compensation benefits.

A recent report released by Safe Work Australia reveals that workers with non-English backgrounds are up to one third less likely to claim for benefits if injured.

According to the report, only one in three (34%) of injured workers born in a non-English speaking country apply for workers compensation. That compares to a claim rate of 45% among workers born in Australia.

While the report does not delve into the reasons behind this discrepancy, it does accord with the experience of lawyers who advise non-English speaking workers on injury claims.

In my experience and that of my colleagues, workers who may not have a good grasp of English are often unfamiliar with WorkCover procedures for lodging claims. These people are not as aware of the extent of benefits offered to compensate and return workers to work. Sometimes they are also more reluctant to make a claim for fear of being dismissed.

Employees and employers alike should be keenly aware that it is illegal for employees to discriminate against a worker who makes a claim for benefits or compensation, and they can be prosecuted.

Workers from non-English speaking backgrounds should also be aware that WorkCover offers interpreter services to help people complete their WorkCover claim.

In addition, the WorkSafe website  is available in a variety of languages, including Arabic, Cantonese, Greek, Italian, Spanish, Serbian, Macedonian, Mandarin, Turkish and Vietnamese.

Language should be no barrier to proper injury compensation.

Shaun Marcus is a Senior Associate with RCT who specialises in workers compensation.

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