Redlich's Work Injury Lawyers have obtained a settlement for a client who alleged that he had sustained a stress-related injury while performing duties as an emergency services volunteer.
As a general rule, volunteers are not recognised as workers under the Accident Compensation Act, and therefore do not have entitlement to the no-fault compensation system for injuries arising out of their voluntary work. Compensation for injury volunteers generally lies, if anywhere, under the fault-based Wrongs Act.
There are, however, exceptions to this general rule. State Parliament has legislated to recognise that certain types of volunteers are to have entitlement to benefits under the Accident Compensation Act if they are injured while carrying out relevant duties.
Various pieces of Victorian legislation create these entitlements for emergency services volunteers, jurors, volunteer school workers, volunteers assisting police and volunteer fire fighters.
While Redlich's Work Injury Lawyers' client in the present case appeared to fall into the emergency services volunteer exception, a dispute centred on whether the injury arose in the carrying out of relevant duties, or rather, arose out of various matters that arose subsequently which, while relevant to his voluntary work, did not arise in the carrying out of relevant duties and therefore would not be compensable under the Accident Compensation Act.
Ultimately, a settlement was achieved for this injured volunteer at the door of Court.
Suffering an injury at work can have considerable consequences on the lives of you and your family. If you or someone you know has suffered an injury at work, we invite you to contact one of our injury experts on (03) 9321 9988.