As summer approaches and a new $10 million skin cancer campaign highlights the shockingly high rates of skin cancer in men, employers should review the extent to which they protect their workers. The RMB Compensation Division explains:
Exposure to the sun’s UV radiation is a well-known occupational health risk. According to the Cancer Council, skin cancer is a leading cause of workplace cancer compensation claims in Australia.
The Personal Injury Commission recently confirmed the liability of employers in workers compensation with respect to an aggressive skin cancer.
The case involved a worker diagnosed with cutaneous squamous cell carcinoma, who claimed continuing weekly payments with respect to the skin cancer. When diagnosed, he had been employed by Kiama Municipal Council for 33 years driving various machinery for mowing lawns and maintaining the council’s parks and gardens.
The Personal Injury Commission found the worker was exposed to UV radiation while working outdoors between 1986 and 2019, resulting in acceleration or exacerbation of skin damage which was found to be an injury within the meaning of the Workers Compensation Act. His employment was the main contributing factor - a decision confirmed on appeal.
Workers such as gardeners, tradesman, road workers and others who regularly work outdoors are at high risk of sun damage and skin cancer if appropriate measures are not taken.
Employers have a duty to provide their employees with a safe workplace that includes protecting them from the sun’s harmful rays. Implementing a comprehensive sun protection program which includes simple protective measures can reduce the risk of sun-related injuries and reduce the suffering and costs associated with skin cancer. Such measures might include rescheduling work time to cooler parts of the day; providing shade; encouraging, training, supervising and ensuring workers adopt sun safe practices; rotation of outdoor and indoor tasks; and provision of personal protective equipment (PPE) which might include SPF 50+ sunscreen, hats, shirts and sunglasses.
If it is accepted that skin cancer occurred as a result of employment, then the worker has rights and entitlements under Workers Compensation legislation. If the extent of the disease is serious enough to reach a statutory threshold, and the worker is able to prove that the cancer was caused by the negligence of the employer, common law damages may also be available.
There are legislative requirements, timeframes and conditions that need to be met in order to make both workers compensation and common law claims.
If you have been diagnosed with skin cancer related to your work, your first step should be to contact our office to arrange a free consultation. You can contact us by by phone or our 'Ask a Question' tool on our website. It costs nothing to ask us about your rights.