Case studies
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Principal contractor held to not be liable
The worker brought an action in negligence to recover damages from the defendants in respect of personal injuries he says he sustained whilst working as a concreter.
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Utility worker claimed negligence against her employer for requiring her to perform her normal duties over a period of 6 months
The Plaintiff alleged she suffered bilateral tennis elbow injuries as a result of her work as a kitchen utility worker over a period of time. She did not suffer any “accident” and simply says the forceful and repetitive nature of her duties caused her injury.
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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.
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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.
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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.
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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.
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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.
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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.