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Importance of proactively progressing claim
The plaintiff was injured on 23 May 2011 while undertaking a task during the course of his employment. The plaintiff issued court proceedings in February 2013. Liability was not in dispute but the nature of the injuries sustained and the amount of damages claimed was in dispute.
2 December 2019 -
The home: another place of employment where workplace injuries can occur
Working from home creates an additional place of employment in which the employer must take steps to do what is reasonably practicable to ensure the health and safety of their workers.
21 March 2024 -
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 -
Alleged injury from exposure to common cleaning agent
The Plaintiff was a 57-year-old part-time aged care worker. She alleges she suffered a chemical sensitivity injury and a consequent psychiatric injury as a result of exposure to a sanitising chemical “D4” in the course of her employment.
18 February 2021 -
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 -
Mandatory participation results in damages paid
Bagiante v Bunnings Group Limited. [2012] QSC, 31 May 2012. Employers should take care when arranging team events and participation in these activities should be on a voluntary basis.
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 -
Surveillance and other related issues of credibility
Barker v Casco Australia Pty Ltd, 07 October 2011. This case study clearly demonstrates the importance of achieving a return to work outcome and that surveillance and other related issues of credibility are subject to the opinion formed by a Court and can be critical in determining the outcome of a quantum only trial.
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 -
Worker unsuccessfully appeals court's initial finding that she was not bullied at work
Robertson v State of Queensland, 7 May 2021. The Court of Appeal has dismissed a worker's appeal against the District Court of Queensland's judgement that she was not bullied during her time as a nurse.
15 June 2021 -
Employers need to consider the health and safety of those at work outside of normal hours
In the recent judgement of Walker v Greenmountain Food Processing Pty Ltd [2020] QSC 329, the Supreme Court of Queensland found an employer liable for the loss and damage suffered by a worker who sustained serious injuries after falling through a roof at dusk while investigating an issue with a boiler.
2 March 2021 -
No reason to anticipate misconduct might be dangerous
Pols v AME Products [2013] QDC 190 19 August 2013. There was no reason to anticipate misconduct might be dangerous to other employees.There was no reason to anticipate misconduct might be dangerous to other employees.
1 July 2015