No alternative system established

Williams v Riviera Marine [2013] QDC 306

McGinness DCJ

4 December 2013

Background

The worker suffered a shoulder injury while working on wiring in a small locker onboard a boat. He was exiting the locker by pulling himself out when he suffered his injury.

Judgement

The injured worker failed because he did not establish that an alternative system for exiting the locker or any training/supervision would have prevented his injury. The employer failed to do a risk assessment but there was no evidence that this would have suggested a solution to the problem of exiting from the locker.

The Judge also assessed quantum and allowed nothing for future economic loss because of his pre-existing shoulder injury.

Plaintiff's claim dismissed.