Case notes by topic
workplace injury
Case notes tagged “workplace injury”.
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Picture hiddenAdequate system of workFall from own ladder: Hail damage assessor wins $1.38mil
The District Court of Queensland found Ezy Projects Pty Ltd failed to provide a safe system of work when an experienced building-insurance assessor fell from a ladder during post-hailstorm roof inspections.
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Picture hiddenFactory accidentVisible factory danger not an obvious risk of injury
The NSW Supreme Court found Visy and DME equally liable after a DME worker struck his head on a low-hanging pipe at Visy’s Tumut paper mill. Damages remain to be finalised after a 20% reduction for contributory negligence.
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Picture hiddenAdequate system of workWorkshop’s system of work hazard not of landlord’s making
The NSW Court of Appeal explains why a commercial landlord's duty to repair a defective ramp did not make it liable for a worker's manual-handling injury.
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Picture hiddenAircraft accidentAirline liable for flight attendant’s injury after pulling sticky galley cart
The Supreme Court of Queensland awarded a former Alliance Airlines cabin manager $602,068.02 after finding the airline had not provided task-specific safe-work guidance for moving resistant catering carts from aircraft galley…
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Picture hiddenLogistics worker injuryServo worker rolls WorkCover on “injury just waiting to happen” ruling
A long serving customer service attendant whose overuse injury was rejected by WorkCover and the Workers’ Compensation Regulator has got up on appeal by overturning specialists' opinions to the effect that her debilitating…
- Litigation & law practice
Deficient tools decide damages demand for "poor historian", wins $680k
A history of deficient tools failing on the job and unresolved safety complaints helped a worker prove his employer caused his back injury.
- Litigation & law practice
Vulnerability no bar to bullied shoppie’s $1.2 mil damages ask
A claimant's high vulnerability to psychological injury does not reduce an employer's responsibility for the consequences of bullying but is relevant in assessing the financial loss sustained.
- Litigation & law practice
Workcover bruised on 1, 2, 3 self-defence training technique, psych nurse collects
Liability of instructor in self-defence training can be mitigated by teaching the different parts of a technique separately before they are combined.
- Litigation & law practice
Video footage beats up on hoist injury shoulder claim
Video surveillance an insurer claimed proved a claimant to be untruthful was explained away in the context of GP advice to attempt to drive and perform other activities to exercise his shoulder and arm.
- Litigation & law practice
Solicitor advice dooms wrist injury limitation extension?
Wendy Grey sought legal advice in July 2011 for a possible common-law damages claim for cumulative workplace injuries that began as early as 2006 when she took up a housekeeping position at the Outrigger Resort, Hervey Bay.
- Litigation & law practice
Army injury records shaft miner in $1.9mil damages ask
An underground coal miner whose back “exploded in pain” when hauling equipment along a mine tunnel has been awarded a fraction of the damages demanded as a result of the accident.
- Litigation & law practice
Employer defeats $300k claim, not liable for employee’s "own carelessness"
A 28-year-old first-year apprentice electrician who was “roughing in” power cables to a Palm Beach apartment building in June 2008 was following a workaround procedure to prevent the cables being forced up against sharp framing…
Case notes explain decisions in other people’s cases. They are general information, not legal advice, and every claim turns on its own facts.
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