Case studies | WorkSafe.qld.gov.au

All case studies

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.

1 July 2015
Onus of proof

Marshall v Queensland Rehabilitation Services Pty Ltd, 19 June 2012. Claimants will find it difficult to prove negligence against Employers who clearly document staff training, daily interactions and enforce safe systems of work.

1 July 2015
Was a breach in duty of care the cause of harm?

Carswell v Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane [2012] QSC, 7 September 2012. This case highlights that even though an employer may have breached their duty of care, the onus is on the worker to prove that the breach was a material cause of the harm suffered by the worker.

1 July 2015
Plaintiff’s failure to establish causation and onus of proof

Claire Hammond v Cerebral Palsy of League Queensland M172/12 11 September 2013. This case highlights that even though an employer may have breached their duty of care, the onus is on the worker to prove that the breach was a material cause of the harm suffered by the worker.

1 July 2015
The bouncer and the wedding guest

Baillie v Donald Wayne Jackson & Victoria Point Sharks Sporting Club Inc [2015] 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.

1 July 2015
Employer obligated to properly instruct and warn employees

Munro v State of Queensland [2014] QDC 003 10 January 2014. A Registered Nurse at the Logan Hospital Psychiatric Unit stepped backwards and fell during Aggressive Behaviour Management Training.

1 July 2015
Cater Care Group: Emphasising capacity, not limitation

Cater Care Group provides contract catering, accommodation and facility management services to industries in regional and remote locations across Queensland.

1 July 2015
A question of requirement

Drummond v Gunne Constructions [2013] QDC 043, 22/03/2013. While there was no dispute that the injury event occurred, this trial was about whether the employer knew and required the worker to perform this task.

1 July 2015
Third parties to provide insurance

Hodge v CSR Limited, 2 February 2010. Third parties may have to provide insurance for employees when it can be shown the injury was caused by a change to the system of work that could not be detected on inspection of the premises prior to injury by the employer.

1 July 2015
Conflicting versions of events

Arnold v Tilecorp Pty Ltd [2012] QSC 321, 25 October 2012. This case was determined according to issues of credit, with His Honour preferring the employer’s evidence over that of the worker’s as to the system of work he was undertaking at the time. The matter proceeded in relation to both liability and quantum.

1 July 2015
Chronic pre-existing injuries and their effect on damages

Phillips v MCG Group Pty Ltd, 8 June 2012. A worker suffered from a debilitating pre-existing injury but managed a spasmodic but relatively unrestricted working life. When the worker suffered a further workplace injury that rendered him incapable of further employment, the question posed to the court was as to how much of his future economic loss could be attributed to the employer.

1 July 2015
Evidence does not support damages claim

Lewis v Greenmountain Food Processing Pty Ltd 6 June 2014 A Brisbane judge rules against labourer’s claims for damages for personal injuries suffered in the course of his employment at a meat processing plant due to conflicting evidence.

1 July 2015