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  • Case study

    Warning could have prevented injury

    Fetu v Northern Iron and Brass Foundry [2013] QDC 330. Worker suffered a shoulder injury when he was working in a primer booth as a spray painter.

    1 July 2015
  • Case study

    Future economic loss based on post injury income

    Kirchner v ITT Water, 5 November 2010. This case study demonstrates a Court may use post injury income to assess future economic loss

    1 July 2015
  • Case study

    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
  • Case study

    No breach of duty where cleaning system enforced

    Scott v Jackson Garden Landscape Supplies Pty Ltd 17 February 2015. This decision highlights the importance of an employer not only having in place a system of work, but also maintaining and enforcing that system to guard against risk of injury.

    1 July 2015
  • Case study

    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
  • Case study

    Was a breach in duty of care the cause of harm?

    Carswell v Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane [2012] QSC, 7 September 2012. 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
  • Case study

    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
  • Case study

    Plaintiff awarded damages after Q-fever diagnosis

    A 57 year old supervisor/carpenter working on a school farm was diagnosed with Q-Fever in January 2012, that has since developed into Q-Fever Debility Syndrome. The worker, who has been unable to return to work, claimed damages from his employer and from the State of Queensland as the controller of the school/school farm.

    3 June 2019
  • Case study

    Damages awarded despite lie about pre-existing symptoms

    Luck v Civil Mining and Construction Pty Ltd, 16 December 2009. This case study discusses how a Court may find that a worker who has lied about their pre-existing symptoms, sustained serious injuries from previous non-work related events, or has credit issues, can still award damages.

    1 July 2015
  • Case study

    The Reasonable Foreseeability Threshold - unfortunate accidents can happen

    Micallef v Endeavour Foundation [2013] QDC 142, 28 June 2013. WorkCover Queensland was recently successful in defending a matter for Endeavour Foundation in the District Court Decision of Micallef v Endeavour Foundation [2013] QDC 142.

    1 July 2015
  • Case study

    Corrective Services Officer fails in claim relating to unprovoked prisoner assault

    Mr Corbin, a corrective services officer, was assaulted by prisoner X on 10 October 2013 resulting in him suffering a number of injuries including a head injury. Mr Corbin had earlier asked prisoner X to smoke outside but he persisted. The attack occurred shortly after Mr Corbin re-approached the prisoner, without another officer, to again ask him to stop smoking. Without warning, prisoner X struck Mr Corbin several times in the head.

    5 June 2019
  • Guide

    Manifest requirements for hazardous chemicals

    This guide can be used to assist a PCBU meet their duty to provide a manifest for hazardous chemicals under the WHS Regulation. This guide outlines the information to be included, provides an example manifest, and a checklist to help ensure the required information is included.

    PDF 872.53 kB 28 August 2020