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  • Prior injuries and future economic loss

    Symons v The Haggarty Group Pty Ltd, 23 March 2011. This case study highlights how the court may consider if there was a reasonable way the employer could have avoided the risk of injury, and how this may affect the outcome.

    1 July 2015

  • Employers must provide safe work system

    Caird v State of Queensland, 30 July 2004. Negligence in enforcing a safe system of work can result in substantial compensation, regardless of the significant long term effects. An abattoir case study.

    1 July 2015

  • Employer not negligent in worker injury

    Campbell v Galaxy Plumbing [2013] QSC 315 18 November 2013. There was no evidence that the task was so physically demanding that it could not be performed by one man who was also carrying out a variety of other jobs. The employer’s failure to provide more labourers was not negligent.

    1 July 2015

  • All known injuries need to be the subject of assessment

    Costello v Queensland Rail [2014] QSC 83 16 May 2014 This case provides an analysis of the rights of an individual to damages separate and distinct from their rights under the Workers’ Compensation and Rehabilitation Act 2003.

    1 July 2015

  • Damages awarded to former mining employee

    Martin v Golding Contractors Pty Ltd [2014] QSC 053 27 March 2014. In this case, while liability was admitted, the amount of damages was in dispute.

    1 July 2015

  • Causation is key

    Cahill v Bowden 3 February 2015. This case is a reminder of the importance of proving the causal link between the damage suffered and the alleged negligence of the defendant. It is not enough to show there was an act or omission by an employer and that there was injury. The act or omission must have caused or materially contributed to the injury.

    1 July 2015

  • Employer liable for injury loading truck at coal mine

    The plaintiff was a truck operator at the Burton Coal Mine, and alleged he sustained an injury to his lower back when a large rock was dropped into the tray of his truck in October 2011.

    24 June 2019

  • Nurse awarded damages after patient barges through a door

    The Plaintiff was a nurse who sustained injuries to her back together with a secondary psychological injury, after a patient attempted to barge through a door in the nurses’ station in the Psychiatric Intensive Care Unit (the PICU) on 9 August 2012.

    21 June 2019

  • Plaintiff unsuccessful in proving QAS psychiatric injury liability

    The plaintiff was a paramedic with the Queensland Ambulance Service (‘QAS’), based in Far North Queensland. He allegedly developed a psychiatric injury arising out of three incidents which he attended as paramedic at Doomadgee.

    3 June 2019

  • A foreseeable risk

    Schmidt v S J Sanders Pty Ltd, 22 June 2012. This case highlights the need that even experienced truck drivers need to be specifically trained in egress and access of trucks due to the foreseeable risk of slipping off a truck step.

    1 July 2015

  • Patient care plan not clearly communicated

    Anderson v Lutheran Church of Australia [2013]. Worker was injured when she was helping a patient use the toilet at a nursing home.

    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