Case studies
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Plaintiff acted contrary to training
Evans v State of Queensland [2013] 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.
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Transit Australia Group
Through the IPaM program, Transit Australia Group identified strategies to improve safety and reduce associated costs and impacts on the business.
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Relationship between two separate injuries
Hartin v Rigel Constructions Pty Ltd [2013] 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.
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Employers must provide safe work system
Caird v State of Queensland, 30 July 2004. Negligence in enforcing a safe system of work can result in substantial compensation, regardless of the significant long term effects. An abattoir case study.
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Employer not negligent in worker injury
Campbell v Galaxy Plumbing [2013] 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.
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Causation is key
Cahill v Bowden 3 February 2015. This case is a reminder of the importance of proving the causal link between the damage suffered and the alleged negligence of the defendant. It is not enough to show there was an act or omission by an employer and that there was injury. The act or omission must have caused or materially contributed to the injury.
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Engaging workers and management when identifying risk
Newslink was invited to participate in the Injury Prevention and Management (IPaM) program in 2012, after a period of increased workers’ compensation claims which led to increased business costs and WorkCover Queensland premiums.
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Injury due to an unsafe system of work
Constance v Bush Services Pty Ltd [2013] 24 June 2013. The Court expects employers to take all reasonable precautions to implement and maintain a safe system of work to ensure that workers are not injured while at work.
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Liability admitted but future economic loss disputed
Haden v Smith's Snackfood Company Ltd [2013] QMC 1 11 February 2013. The plaintiff won in the Magistrates Court, but the decision was successfully appealed due to an incorrect calculation of damages.
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Damages awarded for physical and psychological injury
Harris v State of Queensland [2014] QDC 35 28 February 2014. Liability was admitted by the employer, but a psychiatric injury, which arose after the physical workplace injury, led to the trial to judge the amount of damages.