Case studies
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All known injuries need to be the subject of assessment
Costello v Queensland Rail [2014] QSC 83 16 May 2014 This case provides an analysis of the rights of an individual to damages separate and distinct from their rights under the Workers’ Compensation and Rehabilitation Act 2003.
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Modern Teaching Aids
MTA was invited to join the Injury Prevention and Management (IPaM) program in 2013 after experiencing a higher than average number of worker’s compensation claims.
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Verbal warning not enough
Samways v WorkCover Queensland & Ors, 28 April 2010. This case study shows that a verbal warning is not sufficient action if there is a reasonable way to isolate a risk and the plaintiff can be liable for contributory negligence
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Instructions: a direction or mere request?
Vella’s Plant Hire Pty Ltd v Mistranch Pty Ltd & Ors, 29 March 2012. This case highlights the question that needs to be asked in matters where directions are being received from the principal contractor. That is, whether an instruction from a Principal is a mere “request” or is conduct amounting to direction and control of how the work is to be carried out.
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National Glass
National Glass, a wholesale supplier and processor of glass products for residential and commercial building and construction has achieved a significant culture shift and a vast improvement in staff retention and productivity.
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Goldsteins Bakery
Goldsteins Bakery participated in IPaM and as a result, their WorkCover claims experience is now better than others in in their industry and improved communication and engagement between employers and management, a strategy learnt from the program, has resulted in significant benefits for the business.
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Russell Transport: Fighting the flu
Drivers at Russell Transport often work independently, constantly moving in and out of offices and interacting with people from all walks of life at multiple workplaces and delivery destinations.
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High duty of care on employers extends to one-off simple tasks
Witherington v Lev’s Fabrications Pty Ltd [2014] QDC 266 21 November 2014. This case highlights the high duty of care placed on employers to provide workers with a safe place of work, safe systems of work, appropriate training and to assess the risk involved in all aspects of an employee’s work.
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Employer not negligent for trivial accident
Chapman ATS University of Southern Queensland Student Guild, 12 August 2010. Manual handling case study where a cleaner was injured performing additional duties. This case study demonstrates an employer will not necessarily be found negligent for a trivial workplace incident.