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This guide explains the key legal issues for people who have had a work-related injury in Dunedin, New Zealand. New Zealand operates a no-fault accident compensation system through the Accident Compensation Corporation - ACC - which provides medical treatment, rehabilitation and income support for most physical injuries. Because ACC is a statutory, no-fault scheme, most injured workers do not bring private lawsuits for personal injury in the way they might in other countries. Instead they make ACC claims for entitlements.
Work injury cases in Dunedin are shaped by national laws such as the Health and Safety at Work Act 2015 and employment law, and by local workplace conditions. Dunedin has a mix of workplaces - health and aged care, education, manufacturing, ports and logistics, construction and hospitality - and common risks vary by sector. Knowing how ACC, health and safety duties, and employment rights interact is essential to protect your entitlements and options after a workplace injury.
Many workplace injuries are straightforward and can be managed through ACC and employer return-to-work processes. However, legal help can be important in several common situations:
- Disputes about ACC entitlement or scope of cover. If ACC refuses a claim, restricts treatment, or denies ongoing weekly compensation, a lawyer can help prepare and present an appeal or review.
- Complex medical or compensation issues. Where injuries are severe, involve permanent impairment, or raise questions about future earning capacity, a lawyer or specialist advisor can help gather medical evidence and negotiate appropriate rehabilitation and support.
- Third-party liability or product liability. If a third party outside your employer caused the injury - for example faulty machinery supplied by another business - there may be civil claims available in limited circumstances. That can involve complex interaction with ACC entitlements and offsets, so specialist legal advice is advisable.
- Health and Safety prosecutions or investigations. If your injury results from potential serious breaches of the Health and Safety at Work Act 2015, you may need legal representation during WorkSafe investigations or if you are involved in enforcement action.
- Employment law problems after injury. If you are dismissed, demoted, or harassed after reporting a workplace injury or taking time off, you may have personal grievance, unjustifiable dismissal or discrimination claims under employment law. Employment law specialists can advise on raising grievances and representing you before the Employment Relations Authority or Employment Court.
This section outlines the key legal frameworks that apply to work injuries in Dunedin and across New Zealand.
- Accident Compensation Corporation - ACC: ACC provides no-fault cover for most work-related physical injuries. Entitlements commonly include medical treatment, rehabilitation services, and weekly compensation for lost earnings when you cannot work. ACC also has processes for reviews and disputes.
- Health and Safety at Work Act 2015 - HSWA: HSWA imposes duties on employers and other duty holders, known as persons conducting a business or undertaking - PCBUs. PCBUs must take reasonably practicable steps to eliminate or minimise health and safety risks, provide safe systems of work, ensure adequate training and supervision, and report notifiable incidents to the regulator.
- Regulator - WorkSafe New Zealand: WorkSafe is the lead workplace health and safety regulator. It investigates notifiable incidents, enforces HSWA obligations and can bring prosecutions. Notifiable incidents include fatalities, serious injuries and incidents that expose workers to serious risk.
- Employment law: The Employment Relations Act and related statutes protect employees from unjustified dismissal and provide processes for personal grievances, including where conduct after injury gives rise to discrimination or unfair treatment. Employees have rights to reasonable accommodations and a safe return to work.
- Courts and tribunals: Disputes can be heard in different forums depending on the issue. ACC reviews and appeals deal with ACC decisions. Employment disputes may go before the Employment Relations Authority and possibly the Employment Court. Criminal or regulatory prosecutions for health and safety breaches proceed in the District or High Court as appropriate.
Seek urgent medical treatment if needed, report the injury to your employer as soon as possible, and ask your treating clinician to record the injury and provide any necessary certificates. Lodge an ACC claim promptly - you can usually do this through your doctor, employer, or directly with ACC. Keep notes about what happened, who witnessed it, and take photographs if appropriate. If the incident is serious or life threatening, emergency services and WorkSafe notification may be required.
An ACC claim is typically made through your doctor or directly to ACC. ACC can cover reasonable medical treatment, rehabilitation services, and weekly compensation if you are unable to work because of the injury. Entitlements depend on the nature and severity of the injury and whether the injury is accepted as work-related. Always ensure the claim is lodged promptly and keep copies of medical records and employer reports.
New Zealand has a no-fault ACC scheme, which generally prevents private civil claims for personal injury in negligence. That means most injured workers will use ACC for treatment and compensation rather than suing their employer. There are limited exceptions, such as claims against third parties who caused the injury, or claims seeking exemplary damages in exceptional circumstances. If you are unsure whether a civil claim is possible, get legal advice early.
You should still seek medical treatment and make an ACC claim yourself. Employers have duties under HSWA and should report notifiable incidents to WorkSafe, and they must cooperate with ACC processes. If your employer refuses to assist, keep written records of your communications and consider getting advice from your union, a community law service or a specialist lawyer. Serious failures by an employer may be reported to WorkSafe.
If you are dismissed, demoted or treated unfairly because you reported an injury or because of incapacity related to the injury, you may have grounds for a personal grievance or unjustified dismissal claim. Time limits often apply - for example, personal grievances usually need to be raised within 90 days of the action. Seek employment law advice promptly, preserve documentation and follow any internal grievance processes.
ACC provides for ongoing support and can award entitlements for permanent impairment where applicable. For long-term or permanent effects, it is important to have specialist medical assessments and vocational assessments. In some limited cases involving third-party liability, there may be civil claims that address loss not covered by ACC. Legal and medical experts can help assess the right path.
Timelines vary widely. Simple ACC claims for treatment can be processed quickly, while disputes about entitlement, ongoing weekly compensation or complex rehabilitation needs can take months. If a formal review or appeal is needed, that can add additional time. Early documentation and getting good medical evidence will help move a claim efficiently.
Keep medical records, accident reports, photographs of the scene, witness details and written notes about how the injury occurred and how it affects your work and daily life. Pay records and job descriptions are useful where weekly compensation or loss of earnings is relevant. For health and safety breaches, records of training, safety procedures, maintenance logs and prior complaints can be important.
If you are a union member, your union can provide advice and representation for employment matters and help with return-to-work negotiations. Community law centres and Citizens Advice Bureau provide free or low-cost guidance and can help with navigating ACC, employer communication and tribunal processes. A specialist employment or personal injury lawyer is appropriate where there are complex entitlement disputes, potential third-party claims, or when strong representation is needed in formal proceedings.
Seek prompt medical treatment and make an ACC claim, notify your employer and request a written incident report, preserve evidence and records, get copies of medical and employer reports, and seek advice early if there is any dispute or if your injury is serious. Early legal or specialist advice can help ensure entitlements are properly recorded and preserved.
Here are organisations and bodies that are often helpful for people with work injuries in Dunedin and New Zealand:
- Accident Compensation Corporation - ACC for claims, entitlements and reviews.
- WorkSafe New Zealand - the national workplace health and safety regulator that handles notifiable incident reporting and enforcement under the Health and Safety at Work Act 2015.
- Ministry of Business, Innovation and Employment - MBIE handles aspects of employment law policy and information about workers rights.
- Employment Relations Authority and Employment Court - tribunals that deal with employment disputes, personal grievances and unjustified dismissal claims.
- Unions and union representatives - provide advice and representation for members in employment and return-to-work matters.
- Community law centres and Citizens Advice Bureau - local low-cost or free legal information and help with practical steps.
- Local solicitors and specialist law firms in Dunedin that focus on employment law, ACC and personal injury matters - for complex or contested cases consider an experienced specialist.
If you have had a work injury in Dunedin and need legal assistance, follow these practical steps:
1. Get medical care immediately and ensure the injury is documented by a clinician.
2. Notify your employer and ask for an incident report to be completed. Keep a copy if possible.
3. Lodge an ACC claim as soon as possible and keep records of all communications and medical evidence.
4. Preserve evidence - photos, witness names, job descriptions and any correspondence about the injury or return-to-work plans.
5. If there is any dispute about ACC entitlements, employer obligations or employment actions taken because of your injury, seek advice. Start with your union or a community law service if cost is a concern, and contact a specialist lawyer for complex cases.
6. Act promptly. Time limits apply for employment grievances, civil claims and some ACC processes. Early advice improves the chance of a good outcome and helps protect rehabilitation and financial support while you recover.
Facing a workplace injury can be stressful. Use ACC and local supports, document everything carefully, and get legal or specialist help if entitlements or rights are contested or the situation is complex. A timely, informed approach will help you protect your health, income and legal options.
