Case studies
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More rigorous system not required
Morton v Ivor Fritz Removals [2013] QDC 293. Worker injured his knee when he was moving furniture.
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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.
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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.
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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.
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Shred-X: Developing a national safety plan
Shred-X Document Destruction (Shred-X) provides secure destruction services, from paper shredding to digital media destruction. Shred-X services thousands of commercial sites and households across South-East Queensland on a weekly basis. Trucks regularly visit Bundaberg, Gladstone, Rockhampton, Toowoomba, Emerald and northern New South Wales.
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Fresh take on safety leads to real results
Seapal Pallets and Crates began participating in the IPaM program in January 2013 with a focus on improving their workplace health and safety systems.
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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.
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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.
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Evidence and symptoms must support damages claim
Bawden v Proserprine Cooperative Sugar Milling Association Ltd 9 April 2015 [QDC 205]. This case highlights that in the case of a psychiatric injury, that evidence and symptoms must support the damages claim.
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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.