Showing 85-96 of 130 results with 1 filter
Employer not negligent in worker injury
Campbell v Galaxy Plumbing  QSC 315 18 November 2013. There was no evidence that the task was so physically demanding that it could not be performed by one man who was also carrying out a variety of other jobs. The employer’s failure to provide more labourers was not negligent.
Causation is key
Cahill v Bowden 3 February 2015. This case is a reminder of the importance of proving the causal link between the damage suffered and the alleged negligence of the defendant. It is not enough to show there was an act or omission by an employer and that there was injury. The act or omission must have caused or materially contributed to the injury.
Injury due to an unsafe system of work
Constance v Bush Services Pty Ltd  24 June 2013. The Court expects employers to take all reasonable precautions to implement and maintain a safe system of work to ensure that workers are not injured while at work.
Damages awarded for physical and psychological injury
Harris v State of Queensland  QDC 35 28 February 2014. Liability was admitted by the employer, but a psychiatric injury, which arose after the physical workplace injury, led to the trial to judge the amount of damages.
Liability admitted but future economic loss disputed
Haden v Smith's Snackfood Company Ltd  QMC 1 11 February 2013. The plaintiff won in the Magistrates Court, but the decision was successfully appealed due to an incorrect calculation of damages.
Damages awarded despite lie about pre-existing symptoms
Luck v Civil Mining and Construction Pty Ltd, 16 December 2009. This case study discusses how a Court may find that a worker who has lied about their pre-existing symptoms, sustained serious injuries from previous non-work related events, or has credit issues, can still award damages.
The bouncer and the wedding guest
Baillie v Donald Wayne Jackson & Victoria Point Sharks Sporting Club Inc  QDC 20 February 2015. This case highlights that it is not sufficient for a worker to show the employer has been negligent. It is necessary to show that the negligence caused the incident in which the worker was injured.