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Disability support workers – protecting your rights at work

3 minute read

Workers' compensation

Disability support workers play a vital role in caring for, supervising and supporting vulnerable Australians, both at home and in care facilities.  

The needs of Australians living with a disability are complex and so is the work required to support them. 

Disability support workers are at some risk of personal injury because of the physical and emotional nature of the role. Workers can also be injured when this risk isn’t properly managed by employers. Learn more about your rights as a disability support worker and what to do if you’re injured at work

What do disability support workers do?

If you’ve ever wondered ‘what do disability support workers do,’ they primarily help people with mental and/or physical disabilities with their daily tasks. These tasks aim to improve quality of life and improve accessibility, and can include: 

  • Personal hygiene, such as showering 

  • Mobility support, such as: 

  • Food preparation and other household chores 

  • Daily living tasks such as grocery shopping 

  • Coordinating and assistance in engaging in social activities 

Employer’s duty of care to disability support workers 

Disability support employers have a duty of care to disability support workers. This includes providing disability support workers with a safe workplace, whether they work casually, part-time or full-time. A safe workplace includes:  

  • Instructing and training staff on performing their role safely 

  • Providing appropriate equipment and ensuring staff know how to use it 

  • Consulting with employees on safety issues 

  • Having workplace procedures in place to ensure workers know how to respond to and report threats or incidents of violence 

What about when disability support workers’ clients are violent or abusive? 

Disability support workers may care for clients who behave violently or abusively. If this occurs, you should: 

  • Immediately let your employer know, even if you don’t feel at risk (because other workers may feel at risk in the same situation) 

  • Request the disability support services provided are modified or stopped until any safety risk is removed or minimised 

Employers’ duty of care to disability support workers can include measures to minimise or prevent the risk of harm to you, such as: 

  • Establish clear behavioural expectations with clients 

  • Explain consequences if behavioural expectations aren’t met 

  • Set up the workplace (this could be a client’s home) so it’s as safe as possible 

  • Ensure all relevant information (including any incident reports) are shared with all the client’s disability support workers 

Right to support worker insurance 

In addition to their right to workplace safety, disability support workers are entitled to fair pay and conditions, including access to support worker insurance (workers compensation) when injured. 

Common injuries sustained by disability support workers 

If you’re injured while working, you may have wondered ‘what can I claim as a disability support worker’? The physical requirements of the role means that physical injuries are common among disability support workers. Common injuries suffered by disability support workers include: 

Additionally, disability care workers may suffer physical or psychological injuries due to abuse, either by clients or colleagues. This abuse can range from physical violence against carers to extensive verbal harassment or bullying

Legal responsibilities of support workers 

Your own legal responsibilities as a disability support worker include: 

  • Carrying out your work duties safely, competently and with care 

  • Acting with integrity and honesty 

  • Having a duty of care disability support worker to your clients 

  • Raise any workplace concerns with your employer (particularly concerning workplace safety) 

Injured working in disability care? Shine Lawyers can help

If you’ve suffered a physical or psychological injury as a disability support worker , you may be eligible to make a claim for workers’ compensation.  

Our team of workers compensation experts can help you understand your rights and access the compensation you need to protect what matters and get your life back on track. 

To get started, use our free online claim checker to determine if you have an eligible claim or speak to one of our experts over the phone for a no-obligation chat.

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If you or a loved one has suffered a work-related injury or illness, you may be eligible to claim compensation. By using our fast and free online tool, you can find out within minutes if you are entitled to make a claim.

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  • We’ll get you started right away with an obligation-free appointment with one of our legal experts in workers' compensation claims. If you’ve also suffered injuries to your head as a result, we’ll connect you with a legal expert in our head trauma team who will assess your eligibility for a head trauma compensation claim.

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