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  • Future earnings capacity debated

    Simmons v Wanless & another [2014] QDC 13 February 2014. In this case, liability was not disputed, but the issue that was contested was the extent of the worker’s future earnings capacity.

    1 July 2015

  • No proper system of inspection

    Gilmour v State of Queensland [2013] QDC 199 6 September 2013. If a proper inspection had occured it would have identified the risk in time for it to be repaired.

    1 July 2015

  • Discharging duty of care

    Caine v Bunnings Group Limited [2012] QDC, 4 September 2012. This is a case where the court found that the employer had discharged its duty of care by providing an adequate system of work, training and instruction.

    1 July 2015

  • Sales assistant awarded damages from a psychological injury as a result of robbery

    A sales assistant suffered a psychological injury as a result of a 'snatch and grab'. The Court found that had a policy been in place requiring ID to be shown for items over $2,000 the snatch and grab would not have occurred.

    8 January 2020

  • Employer obliged to conduct inspections to ensure workplace is safe even in the absence of prior incidents

    Covey v State of Queensland [2017] QSC 23, 27 February 2017. The Plaintiff was awarded 1.6m in damages for injuries sustained when she fell at work.

    6 April 2018

  • WorkCover successfully appeals extension of limitation period

    Mr Lawson’s knee was injured on 13 April 1999 in the course of pushing a work vehicle to a service station. Mr Lawson alleged the workplace was negligent.

    19 September 2022

  • Damages for care and assistance

    Koven v Hail Creek Coal Pty Ltd, 25 March 2011. Full damages for care and assistance can be awarded where paid care and assistance was provided even just once between the date of injury and trial, despite being provided gratuitously/for free on all other occasions.

    1 July 2015

  • Employer's duty of care is not absolute

    Baker v Prescare (Corinda) [2014] QDC 159 31 July 2014. This case highlights that while an employer's duty of care is onerous, it is not absolute.

    1 July 2015

  • Baker awarded damages after back injury

    Mr Dance was a 44 year old baker who sustained a lower back injury on 1 November 2016, lifting a bowl with mixture weighing approximately 45.2kg. Mr Dance sustained a disc prolapse requiring surgery. Following surgery, Mr Dance obtained alternative employment as a baker earning a higher income than that pre-injury.

    23 December 2019

  • No damages for highly unusual work event

    The plaintiff was a 25-year-old hospitality worker at the Daydream Island Resort. He suffered unusual injuries in highly unusual circumstances.

    2 June 2021

  • No alternative system established

    Williams v Riviera Marine [2013] QDC 306. The worker suffered a shoulder injury while working on wiring in a small locker onboard a boat.

    1 July 2015

  • Basic task results in negligence

    Taylor v Invitro Technologies Pty Ltd, 15 March 2011. This case study talks about how an employer needs to carefully consider complaints made by employees and respond to them in an appropriate way.

    1 July 2015