At common law an employer has a general 'duty of care' towards employees with respect to work related activities undertaken by employees. Employers are required to insure against possible claims by workers for compensation for injuries relating to their work. Many of the common law rights for injured workers have been codified into legislation, in this case the Workers Compensation Act 1987 and Workplace Injury Management and Workers Compensation Act 1998.
Compensation is payable if a worker has suffered an injury which is work related.
If a worker has suffered from a disease where his or her work has contributed to or aggravated the condition, for example industrial deafness or chemical induced asthma, or where there has been a recurrence of a previous injury, compensation is only payable for the percentage of the injury that was as a result of the employment. Benefits are also payable if the injury was sustained during a break at work or on a prescribed journey. Damages at common law 10.