Case studies | WorkSafe.qld.gov.au

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Psychological injuries in the workplace

Lusk & Anor v Sapwell, 1 April 2011. Employers only have to address risks in the workplace that are reasonably likely, while a worker must prove that the employer's breach of duty of care caused their injury.

1 July 2015
Accident not caused by failures

Wolters v The University of the Sunshine Coast [2012] QSC 298, 5 October 2012. This is another case where the legal term of causation has been examined. The court found the employer breached its duty at common law and in contract by failing to adequately manage the behaviour of the supervisor following the event with the previous worker. However, the court held that the breach did not cause the claimant's loss, as it could not find that any action by the employer would have prevented the supervisor's actions on the day.

1 July 2015
A question of credibility

Hannah v Barellan Bobcat Hire Pty Ltd, 24 August 2011. Liability will be determined on the facts that are accepted by the Court, and the credibility of the parties is critical in making this determination.

1 July 2015
Judge to decide what is matter of fact

Timothy James Klein v SBD Services Pty Ltd [2013] QSC 134, 30 May 2013. This case demonstrates the importance of record keeping and accurate reporting of injuries. If documentation is lacking, it will ultimately fall to the Judge to decide on a matter of fact.

1 July 2015
Gay Constructions Pty Ltd

With IPaM, Gay Constructions reviewed its safety and injury management systems and surveyed employees about safety in the workplace. The company then worked with an IPaM advisor to develop an action plan that included a number of safety and injury management initiatives.

1 July 2015
Employer found not negligent in security

Karanfilov v MSS Security & Ors [2013] QSC 304. Injured worker suffered post-traumatic stress disorder when he was working as a security guard.

1 July 2015
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.

1 July 2015
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
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
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
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.

1 July 2015
Worker's fall did not cause consequential symptoms

Beardmore v Crown Equipment Pty Ltd [2012] QDC, 3 October 2012. This is a case where the court found there was a fall at work, there was negligence but the fall did not cause consequential symptoms.

1 July 2015