Case studies
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No proper system of inspection
Gilmour v State of Queensland [2013] QDC 199 6 September 2013. If a proper inspection had occured it would have identified the risk in time for it to be repaired.
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Sales assistant awarded damages from a psychological injury as a result of robbery
A sales assistant suffered a psychological injury as a result of a 'snatch and grab'. The Court found that had a policy been in place requiring ID to be shown for items over $2,000 the snatch and grab would not have occurred.
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WorkCover successfully appeals extension of limitation period
Mr Lawson’s knee was injured on 13 April 1999 in the course of pushing a work vehicle to a service station. Mr Lawson alleged the workplace was negligent.
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Case study: Engineering and construction firm delivers award winning safety improvements
A bottom up approach to safety and a focus on reducing fatalities and permanently disabling injuries has seen the engineering and construction firm Tenix awarded a National Safety Council of Australia excellence award
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Damages for care and assistance
Koven v Hail Creek Coal Pty Ltd, 25 March 2011. Full damages for care and assistance can be awarded where paid care and assistance was provided even just once between the date of injury and trial, despite being provided gratuitously/for free on all other occasions.
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Baker awarded damages after back injury
Mr Dance was a 44 year old baker who sustained a lower back injury on 1 November 2016, lifting a bowl with mixture weighing approximately 45.2kg. Mr Dance sustained a disc prolapse requiring surgery. Following surgery, Mr Dance obtained alternative employment as a baker earning a higher income than that pre-injury.
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No damages for highly unusual work event
The plaintiff was a 25-year-old hospitality worker at the Daydream Island Resort. He suffered unusual injuries in highly unusual circumstances.
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Basic task results in negligence
Taylor v Invitro Technologies Pty Ltd, 15 March 2011. This case study talks about how an employer needs to carefully consider complaints made by employees and respond to them in an appropriate way.
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No alternative system established
Williams v Riviera Marine [2013] QDC 306. The worker suffered a shoulder injury while working on wiring in a small locker onboard a boat.
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Seqwater: Be Healthy Be Wealthy program
Seqwater supplies water to South East Queensland as well as flood mitigation services and recreation facilities, employing 650 staff across 30 sites.