Showing 73-84 of 130 results with 1 filter
Credibility of the worker was important in determining the extent of the injury
Richard Craig Adam v Skilled Group Limited and Anor  QSC 7, 8 February 2013. While credibility issues on their own are not always compelling, the combination of them can cause considerable concern.
Industry standard equipment not enough to satisfy duty of care
Thompson v Cranetrans Pty Ltd  QSC 250 23 September 2013. Where equipment is provided which accords with industry standard, that does not necessarily mean that the employer’s conduct has met a standard of reasonable care.
Previous employment influence
Husband v Hikari Pty Ltd, 22 October 2010. This case study shows that a Judge may award damages despite having a pre-existing injury, and future economic loss may be awarded based on income from previous short-term employment.
No proper system of inspection
Gilmour v State of Queensland  QDC 199 6 September 2013. If a proper inspection had occured it would have identified the risk in time for it to be repaired.
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.
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.
Plaintiff acted contrary to training
Evans v State of Queensland  QDC 277. A police officer suffered a nose, wrist and psychiatric injury when she was struck by an offender while attempting to extract his car keys from a car.
Relationship between two separate injuries
Hartin v Rigel Constructions Pty Ltd  QSC 320 21 November 2013. The case turned upon the extent to which the first incident caused the derangement of the vertebral disc, and the relationship between the injury sustained in the first and second incident, and the loss and damage caused by the first incident.
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.