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  • Employer not liable for worker failing to keep look out

    Pershouse v Sirius Observatories Australia [2013] QDC, 9 May 2013. The Court was satisfied that there was no duty upon the employer to protect the worker from a risk that would have been reasonably foreseen by the worker.

    1 July 2015

  • Principal contractor held to not be liable

    The worker brought an action in negligence to recover damages from the defendants in respect of personal injuries he says he sustained whilst working as a concreter.

    25 July 2024

  • Employer found liable for ankle injury

    The plaintiff suffered an injury to her right ankle and a psychological injury when she stepped on a Lego block and rolled her ankle whilst removing an A-Frame obstacle course from a storage shed on 29 August 2017.

    23 December 2022

  • Employer found liable for a shoulder aggravation injury

    The plaintiff suffered a shoulder aggravation injury on 5 January 2017 when working as a chef in the kitchen of a nursing home in Townsville.

    6 December 2022

  • Causation, quantum

    Mr Tyndall was a right handed coal miner who was 50 years old at trial. He alleged he sustained a vibration induced white finger syndrome on his left ring finger as a result of driving two specific types of loaders over a period of time between 1 September 2015 to 1 May 2016.

    11 June 2021

  • Employer found liable for a lumbar spine injury

    The plaintiff suffered an injury to her lumbar spine while lifting a load from a low pallet to a sheft on 28 April 2019.

    6 December 2022

  • Employer found to have breached duty of care to concrete delivery driver

    On 26 July 20218 the Plaintiff, a concrete delivery driver, suffered a left wrist and secondary psychiatric injury.

    2 February 2023

  • Damages awarded to librarian for back injury.

    The Plaintiff was a librarian who injured her back when upturning a book return box to retrieve a book that had slipped under the base.

    12 June 2020

  • 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

  • Employer not liable for co-worker assault

    Serra v Couran Cove Management P/L, 30 May 2012. This case demonstrates that an employer will not necessarily be liable for a worker’s injuries as a result of a criminal assault by a co-worker.

    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

  • Bullying allegations unproven against employer

    Judge Barlow found that there were two occasions where a Plaintiff might be said to have been bullied by other staff but that the Plaintiff ultimately failed in her claim against the Defendants.

    16 October 2020