Case studies | WorkSafe.qld.gov.au

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Contributory negligence found against Plaintiff for left shoulder injury

Contributory negligence was found against the Plaintiff for the injuries she suffered when her left arm became caught between the mattress and the end of the bed.

14 March 2023
Employer found to have breached duty of care to concrete delivery driver

On 26 July 20218 the Plaintiff, a concrete delivery driver, suffered a left wrist and secondary psychiatric injury.

2 February 2023
Employer found liable for ankle injury

The plaintiff suffered an injury to her right ankle and a psychological injury when she stepped on a Lego block and rolled her ankle whilst removing an A-Frame obstacle course from a storage shed on 29 August 2017.

23 December 2022
Employer found liable for a lumbar spine injury

The plaintiff suffered an injury to her lumbar spine while lifting a load from a low pallet to a sheft on 28 April 2019.

6 December 2022
Employer found liable for a shoulder aggravation injury

The plaintiff suffered a shoulder aggravation injury on 5 January 2017 when working as a chef in the kitchen of a nursing home in Townsville.

6 December 2022
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.

19 September 2022
Banana labourer’s damage reduced for contributory negligence, pre-existing conditions and sporadic work history

Mr Longbottom was a labourer who was 35 years old at trial. He alleged he sustained right hip, right shoulder and secondary psychological injuries when the top of the banana tree (and the bunch of bananas) being harvested fell on the plaintiff.

12 October 2021
Baggage handler unsuccessful in claiming negligence for requirement “repetitively” step up and down from a curb

The Plaintiff alleged that on 29 February 2016, he was required to repetitively step up and down from a standard painted curb in order to transport arriving FIFO workers’ bags from his trailer onto a footpath.

18 August 2021
Worker unsuccessfully appeals court's initial finding that she was not bullied at work

Robertson v State of Queensland, 7 May 2021. The Court of Appeal has dismissed a worker's appeal against the District Court of Queensland's judgement that she was not bullied during her time as a nurse.

15 June 2021
Causation, quantum

Mr Tyndall was a right handed coal miner who was 50 years old at trial. He alleged he sustained a vibration induced white finger syndrome on his left ring finger as a result of driving two specific types of loaders over a period of time between 1 September 2015 to 1 May 2016.

11 June 2021
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.

2 June 2021
Employers need to consider the health and safety of those at work outside of normal hours

In the recent judgement of Walker v Greenmountain Food Processing Pty Ltd [2020] QSC 329, the Supreme Court of Queensland found an employer liable for the loss and damage suffered by a worker who sustained serious injuries after falling through a roof at dusk while investigating an issue with a boiler.

2 March 2021