A recent court decision has changed the rules on the relevant contribution of work to a disease under the compensation laws.
Previously, it was necessary only to show a link between one’s employment and the disease.
Employees suffering from a disease now have to prove that, having regard to all relevant contributing factors, their employment significantly contributed to the disease.
The employment contribution must be “more than a mere contributing factor”. It is now necessary for an employee to show that there is a “close connection between the disease and the employment in which he or she was engaged”.
The judge considered the definition of “materially” in the Shorter Oxford Dictionary – “in a material degree, substantially, considerably” – probably captured the essence of what was intended in the law.
For further information on work conditions contact your solicitor.
Reproduced with the permission of the Law Society of New South Wales.
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