Assessment Title

Legal analysis of potentially compensable injury

In the context of the material covered in weeks 4 – 6 of the unit, analyse the case and determine whether the injured person(s) has/have a claim for compensation and, if so, on what basis.

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Submit your answer as an essay, in Word format only. Inclusion of external sources should be referenced appropriately.

(1 500 – 2 000 words)

Assessment Criteria

Your submission will be graded according to the following criteria:

Relevance (30%)

  • Depth of understanding in formulating responses to the assigned task
  • Alignment of responses to the assigned task
  • Connections between discussion and evidence

Validity (40%)

  • Depth and extent of discussion i.e., understanding of concepts and evidence
  • Accuracy and originality of the discussion
  • Judgment and reasoning i.e., assertions made based on level of critical thought, analysis and synthesis
  • Depth and extent of evidence used

Organisation (20%)

  • Consideration of required components of the assigned task
  • Structure and flow of information
  • Coherence and clarity of expression (spelling, grammar, syntax)

Presentation (10%)

  • Style and formatting in accordance with required academic standards
  • Typographical matters
  • Referencing protocols
  • Length

Referencing Style

  • Harvard (author-date)

Learning Outcomes Assessed

  • Describe the current work health and safety and workers’ compensation legal frameworks in Australia.
  • Apply relevant principles in order to determine workers’ compensation entitlements.
  • Adopt a legal fault tree approach to the chain of incident causation in order to construct an accident analysis from a legal perspective.
  • Apply common law and statutory work health and safety provisions to determine liability.

OCHS12015 OHS Law

Assignment 2 (30%)

Vinod is a university student who works part time as a delivery driver for Yum Yum Pizzas. Vinod is allocated shifts with strict commencement, but unspecified finish, times. He is provided with a uniform in the form of a T-shirt and cap that he is required to wear when delivering pizzas and is required to use his own vehicle to deliver the pizzas. Vinod uses his bicycle for this purpose. Yum Yum Pizzas have provided him with special heat retaining paniers so that the pizzas will stay hot while they are being delivered. Vinod is paid a flat fee per delivery.

During the course of a delivery one evening, Vinod makes a detour to the closest LiquorMart store in order to pick up some supplies for a party he will be attending later that evening after his shift. After picking up the alcohol, he resumes his delivery and, because he is now running late, pedals in excess of the speed limit in order to make up time. On the way he runs into and injures Penelope, a young up and coming socialite, who while intoxicated with a group of friends, runs across Vinod’s path. The group had decided that it would be “fun” to play chicken with the traffic. Vinod is also injured, breaking his left leg in a number of places and is unable to work or attend university for the next 2 months.

Question 1

Is Vinod entitled to any form of compensation? If so, from whom?

Justify your conclusion based on your assessment of the legal position. (20 marks)

Question 2

Is Penelope entitled to any form of compensation? Is so, from whom?

Justify your conclusion based on your assessment of the legal position (10 marks)