Administering the cost of death: Organisational perspectives on workers' compensation and common law claims following traumatic death at work in Australia

Quinlan, Michael; Fitzpatrick, Scott J.; Matthews, Lynda R.; Ngo, Mark; Bohle, Philip

doi:10.1016/j.ijlp.2015.01.002

Cited by 11 publications

(11 citation statements)

References 23 publications

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“…The impact of fatal work incidents on families, while not ignored, has seldom attracted detailed attention (an exception being the families affected by the 1988 Piper Alpha oil rig disaster; see Alexander, 1990Alexander, , 1991. There is a literature on responses to death, including the role of coronial inquests (Barraclough & Shepherd, 1977;Biddle, 2003), but few studies have examined the responses of families to fatal work incidents and particularly their views on subsequent institutional processes (Quinlan, Fitzpatrick, Matthews, Ngo, & Bohle, 2015). This article begins to address these knowledge gaps by (a) exploring the reasons why family members may want or not want an inquest following a fatal work incident and (b) identifying their views about the value of holding an inquest.…”

Section: Introductionmentioning

confidence: 99%

Bereaved Family Members’ Views of the Value of Coronial Inquests Into Fatal Work Incidents

et al. 2018

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Fatal work incidents result in an array of government responses, and in countries such as the United Kingdom and Australia, this may include the holding of coronial inquests. A common theme from the scant literature is that family members have a strong need to know how and why their loved one died. The inquisitorial nature of inquests suggests potential in uncovering this information, although little is known about families’ experiences with these proceedings. Interviews with 40 bereaved relatives explored their views and experiences of inquests. Findings suggest that families, often frustrated with other investigative processes, want inquests to provide a better understanding of how and why the death occurred, uncover any failings/responsibilities, and thereby move closer to a sense of justice being obtained for the deceased. Families identified problems perceived to impair the process and where improvements could be made to secure a more effective and meaningful institutional response to the fatality.

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Section: Introductionmentioning

confidence: 99%

Bereaved Family Members’ Views of the Value of Coronial Inquests Into Fatal Work Incidents

et al. 2018

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“…Their views provided a detailed understanding of how institutions respond to sudden work deaths, including the provision of information, counseling, financial, and other supports (26, 98). For example, the families of self-employed workers—a growing segment of the workforce in the gig economy—are largely denied access to workers’ compensation, and this financial burden causes considerable concern and financial distress, possibly exacerbating the mental anguish that families experience (28). Taken with findings from other parts of this study, the present findings reinforce the need for changes to regulatory policies, and financial and other supports, afforded to bereaved families.…”

Section: Discussionmentioning

confidence: 99%

“…OHS offences are not considered to be “really criminal” (23), prosecution is a “last resort,” and the consequences of prosecutions are usually inconsequential (24, 25). Further, the response involves an array of institutions including employers, specialist insurers, specialist law firms, unions, and (sometimes) victim advocacy bodies, as well as coronial courts—systems that families need to navigate during their bereavement (26–28). This institutional and regulatory apparatus is highly developed in almost all high-income countries (the major exception being those in the oil gulf states) (29), but less so in poor- and middle-income countries that have under-developed and more lopsided regulatory apparatus.…”

Section: Introductionmentioning

confidence: 99%

Posttraumatic Stress Disorder, Depression, and Prolonged Grief Disorder in Families Bereaved by a Traumatic Workplace Death: The Need for Satisfactory Information and Support

2019

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The impact of traumatic workplace death on bereaved families, including their mental health and well-being, has rarely been systematically examined. This study aimed to document the rates and key correlates of probable posttraumatic stress disorder (PTSD), major depressive disorder (MDD), and prolonged grief disorder (PGD) in family members following a workplace injury fatality. The hidden nature of the target population necessitated outreach recruitment techniques, including the use of social media, newspaper articles, radio interviews, and contact with major family support organizations. Data were collected using a cross-sectional design and international online survey. The PCL-C (PTSD), the PHQ-8 (MDD), and PG-13 (PGD) were used to measure mental health disorders. All are well-established self-report measures with strong psychometric qualities. Participants were from Australia (62%), Canada (17%), the USA (16%), and the UK (5%). The majority were females (89.9%), reflecting the gender distribution of traumatic workplace deaths (over 90% of fatalities are male). Most were partners/spouses (38.5%) or parents (35%) and over half (64%) were next of kin to the deceased worker. Most deaths occurred in the industries that regularly account for more than 70 percent of all industrial deaths—construction, manufacturing, transport, and agriculture forestry and fishing. At a mean of 6.40 years (SD = 5.78) post-death, 61 percent of participants had probable PTSD, 44 percent had probable MDD, and 43 percent had probable PGD. Logistic regressions indicated that a longer time since the death reduced the risk of having each disorder. Being next of kin and having a self-reported mental health history increased the risk of having MDD. Of the related information and support variables, having satisfactory support from family, support from a person to help navigate the post-death formalities, and satisfactory information about the death were associated with a decreased risk of probable PTSD, MDD, and PGD, respectively. The findings highlight the potential magnitude of the problem and the need for satisfactory information and support for bereaved families.

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“…If a conviction occurs, they want a penalty imposed that has both deterrent value and, where fines are issued, prevention value, by the funds being used to improve safety or to assist families. Not all families were entitled to workers' compensation, notably where the worker was self-employed, and a priority would be to assist these families (Quinlan et al, 2015a).…”

Section: Discussionmentioning

confidence: 99%

Work fatalities, bereaved families and the enforcement of OHS legislation

Matthews

Johnstone

Quinlan

et al. 2019

Journal of Industrial Relations

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There has been considerable research and policy debate over the enforcement and decriminalization of occupational health and safety legislation, particularly regarding its capacity to deal with serious harm. Reference has been made to community attitudes to work fatalities, but the perspectives of those most directly affected, the bereaved families, have received little attention. Drawing on evidence from detailed interviews with 44 Australian family members, this article seeks to rectify this omission. Findings highlight the importance of investigative and prosecutorial processes to bereaved families who seek justice, some assurance that culpable behaviours are not condoned, and the implementation of measures to prevent a recurrence. However, reinforcing previous research critical of the degree of enforcement and advocating for a more readily implementable offence of industrial manslaughter, the vast majority of those interviewed were critical of the processes that occurred. Far from assisting, these processes generally left families very dissatisfied with their experiences.

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Administering the cost of death: Organisational perspectives on workers' compensation and common law claims following traumatic death at work in Australia

Cited by 11 publications

References 23 publications

Bereaved Family Members’ Views of the Value of Coronial Inquests Into Fatal Work Incidents

Bereaved Family Members’ Views of the Value of Coronial Inquests Into Fatal Work Incidents

Posttraumatic Stress Disorder, Depression, and Prolonged Grief Disorder in Families Bereaved by a Traumatic Workplace Death: The Need for Satisfactory Information and Support

Work fatalities, bereaved families and the enforcement of OHS legislation

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