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  • Onus of proof

    Marshall v Queensland Rehabilitation Services Pty Ltd, 19 June 2012. Claimants will find it difficult to prove negligence against Employers who clearly document staff training, daily interactions and enforce safe systems of work.

    1 July 2015

  • No foreseeable risk of injury

    Love v Lindsays Bros Management Pty Ltd [2013] QDC 174 30 August 2013. This case demonstrates an assault would not have been prevented by any steps the employer might have taken, and there was no foreseeable risk of injury.

    1 July 2015

  • Plaintiff unsuccessful in proving liability for slip on a grape

    Deans v Maryborough Christian Education Foundation Ltd [2018] QDC 123, 25 July 2018. The plaintiff alleged that the risk of injury as a result of dropped fruit during the fruit break was a foreseeable risk which was not insignificant. The plaintiff also alleged that the employer breached its duty of care by failing to, amongst other things, have in place a system of inspection and cleaning of the foyer during the fruit break.

    30 July 2018

  • Employer not liable where Plaintiff failed to perform work in the manner instructed

    In November 2006, the plaintiff suffered an injury to both his left hand and arm and developed a secondary psychological injury. He commenced a claim against his former employer for damages and received a gross settlement figure of $475,000.00 in October 2008.

    21 August 2019

  • Future economic loss and paid services past retirement age

    Cameron v Foster & Lahey T/AS GF Hills Removals & Mini Storage, 29 September 2011. This case study highlights how a Court may rule future economic loss allowances to workers past the age of retirement and make allowances for future paid services that were provided gratuitously by family members.

    1 July 2015

  • Clarity for employers on social work functions

    ALH v Simon Blackwood (the Regulator) [2014] QIRC 105 13 June 2014 The recent decision from the Queensland Industrial Relations Commission provides further clarity for employers in determining applications for compensation for injuries sustained at social work functions.

    1 July 2015

  • Initial reporting of injury of vital importance

    Apolloni v Traffic Technologies Management Division Pty Ltd, 20 March 2012. This case clearly demonstrates the value of contemporaneous recording of injury details in diary notes, incident reports and applications for compensation. In this case the importance of the recording was as to the time of the injury but this could equally apply to the description of the cause of the injury.

    1 July 2015

  • Injury attributable to pre-existing back disease

    Geary v REJV Services Pty Ltd & Ors [2011] QSC. This case emphasises the importance of gathering past medical information to establish the extent of symptoms suffered due to pre-existing degeneration prior to the work event.

    1 July 2015

  • Employers have a duty to train and instruct workers on safe truck exiting

    Kelleher v J & A Accessories Pty Ltd [2018] QSC 227 - Brisbane Supreme Court. The Plaintiff was a 45 year old sales representative / delivery driver who alleged he sustained lower back and psychiatric injuries as a result of repetitively lifting vehicle batteries weighing over 20kg between 2012 and 2013; and exiting from the cabin of an Isuzu NPR 300 truck on 21 August 2013.

    3 June 2019

  • Assaults by third parties

    The Corporation of the Synod of the Diocese of Brisbane v Greenway [2017] QCA 103, 26 May 2017. Employer is found to breach its duty in failing to train staff and establish guidelines for properly responding to unsafe events.

    15 June 2018

  • Assessment of risk and training required for manual handling

    D’Arcy v Corporation of the Synod of the Diocese of Brisbane [2017] QSC 103, 31 May 2017. In this case the employer was found to be liable for a back injury sustained by the Plaintiff during the course of her employment.

    6 April 2018

  • Plaintiff’s failure to establish causation and onus of proof

    Claire Hammond v Cerebral Palsy of League Queensland M172/12 11 September 2013. This case highlights that even though an employer may have breached their duty of care, the onus is on the worker to prove that the breach was a material cause of the harm suffered by the worker.

    1 July 2015