In a recent article in the West Australian newspaper, it has detailed the start of a case involving Downer EDI, A Western Power contractor who were building a high-voltage power line between Perth and Eneabba. The article can be found here:

https://au.news.yahoo.com/thewest/wa/a/31522145/electricians-death-leads-to-massive-fine-for-contractor/

A New Zealand born Rigger was electrocuted in April 2014 whilst working in a cherry picker as part of the Midwest energy project. After an investigation, Energy Safety recently charged Downer EDI with breach of WA electricity regulations and they allege that Downer failed to ensure the proper protection for the deceased worker. They now face a fine of up to $250,000.

It is often the case that if a person is injured in a work accident, they will find it hard to obtain documentation regarding the incident from their employer, or any other company involved, as those companies will see any information that they release as potentially affecting their legal liability. The injured person may know that that another person or company has been negligent based on their personal experience, but lack the documentation to back this up.

It is often the case that if an injured worker reports an injury immediately following their injury time to a regulator he body, such as WorkSafe WA, or the Department of Mines and Petroleum, then these government regulatory bodies will look into breaches of any applicable legislation, and the injured person may be able to obtain documentation regarding the injury through the freedom of inflammation process. If the injured person is not able to obtain actual documentation through the freedom of information process, then it is likely that the notes that are made by the government regulatory authority will assist the injured person in figuring out whether they can obtain additional documentation. Unfortunately, there is some information that freedom of information does not provide to the person making an application for freedom of information, for example the names of the people involved, and often commercially sensitive information.

A freedom of information application can usually be made by putting the documents requested in writing to a government department and paying the Freedom of Information fee which is usually $30.00. After this the Freedom of Information request is processed by the government department. The process normally takes about 1.5 months to complete.

One of the downsides of the freedom of information process, is that investigations often slow. In this case involving Downer EDI, the original injury happened in April 2014 and the government investigation has finally been completed recently. This will often frustrate the injured claimant who are usually came to bring this check to of their life to an end. While this is the case, it is helpful to have a source of information rather than no source of information at all.

Foyle Legal specialises in the area of personal injury law and provides legal representation on a no win no fee basis. Foyle Legal also provides an obligation free case assessment for personal injury claims. If you have made a claim for compensation contact Foyle Legal on 0408727343, through email at [email protected] or through our website http://foylelegal.com/.

Foyle Legal
6/2 Carson Road
Malaga, Perth, WA 6090