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  • Failure to establish negligence

    Schonell v Laspina, Trabucco & Co Pty Ltd [2013] QSC 90, 11 April 2013. This case looked at the principle that when considering what reasonable measures employers should adopt to avoid a foreseeable risk of injury, the test should not be considered with the benefit of hindsight, but rather looking forward to identify what response should have been made.

  • Future earnings capacity debated

    Simmons v Wanless & another [2014] QDC 13 February 2014. In this case, liability was not disputed, but the issue that was contested was the extent of the worker’s future earnings capacity.

  • Discharging duty of care

    Caine v Bunnings Group Limited [2012] QDC, 4 September 2012. This is a case where the court found that the employer had discharged its duty of care by providing an adequate system of work, training and instruction.

  • 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.

  • Worker's fall did not cause consequential symptoms

    Beardmore v Crown Equipment Pty Ltd [2012] QDC, 3 October 2012. This is a case where the court found there was a fall at work, there was negligence but the fall did not cause consequential symptoms.

  • More rigorous system not required

    Morton v Ivor Fritz Removals [2013] QDC 293. Worker injured his knee when he was moving furniture.

  • Employers need to enforce workers to wear PPE

    Tomkins v Kemp Meats Pty Ltd [2013] QDC 184 17 July 2013. For employers, the case serves as an important reminder on the need to enforce the requirement for workers to wear personal protective equipment.

  • Prior injuries and future economic loss

    Symons v The Haggarty Group Pty Ltd, 23 March 2011. This case study highlights how the court may consider if there was a reasonable way the employer could have avoided the risk of injury, and how this may affect the outcome.

  • A foreseeable risk

    Schmidt v S J Sanders Pty Ltd, 22 June 2012. This case highlights the need that even experienced truck drivers need to be specifically trained in egress and access of trucks due to the foreseeable risk of slipping off a truck step.

  • Liability for back pain after injury

    Snell v BP Refiner (Bulwer Island) [2013] QSC 284 14 October 2013. Worker sustained an injury when he fell into a trench.

  • Credibility suffers from highly inflated claim

    Test v Forgacs Engineering Pty Ltd [2012] QDC 318, 24 October 2012. This case was decided on credibility, where the evidence of the defendant’s witnesses was preferred to that of the Plaintiff.

  • Employer has duty to provide task rotation

    Ataera v Thomas Borthwick [2013] 20 December 2013. A doctor stated that had risk management been performed diligently it is entirely likely that the plaintiff would not have sustained injury.