Skin Cancer Compensation For Outdoor Workers

3rd May 2018

Australia has one of the highest rates of skin cancer in the world, and our outdoor workers are particularly at risk. The RMB Compensation division explains how workers who contract skin cancer through their employment can claim compensation.

Every time we overexpose our skin to radiation from the sun we increase our risk of developing skin cancer.

The most common types of skin cancer are:

  1. Non melanoma (basal and squamous cell carcinoma) - a common type of cancer that forms on the outer layer of the skin.
  2. Melanoma - the most serious and potentially deadly type of skin cancer that usually presents as a change to an existing mole or a new spot on the skin.

High risk occupations are those where people spend some or all of their day working outdoors such as construction workers, agriculture workers, greenkeepers and fisherman.

Skin cancer can take years to develop and you may not be diagnosed until well after you retire. Despite this, you will still be entitled to compensation if you can show that your employment was the main contributing factor to the development of the cancer.

Your entitlement to compensation is determined by the Workers Compensation Act 1987 and the types of compensation which you may be able to claim include weekly wage payments; medical, hospital and rehabilitation expenses; domestic assistance; permanent impairment lump sum compensation; and death benefit.

If you are currently working outdoors you may need to lodge the claim on the workers compensation insurer for your current employer. If you are retired or no longer working outdoors, you will need to lodge the claim on the workers compensation insurer for your last outdoor employer.

Employers are required to put measures in place to protect their workers from overexposure to radiation from the sun. If a worker develops skin cancer in circumstances where the employer was negligent, the worker may have a right to claim damages additionally or alternatively to their workers compensation benefits.

If you have been diagnosed with skin cancer which you believe may be related to your employment, contact, RMB Lawyers’ compensation specialists to arrange a free consultation.

If you have a valid workers compensation claim we will apply for a grant of funding from the Workers Compensation Independent Review Office (WIRO) to provide you with legal advice and assistance. If WIRO funding is approved, you will not be required to pay any legal fees.

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