Labourer awarded $752,487 after falling through skylight at Canberra construction site

Incident Overview

A scaffolding worker in his 20s was awarded $752,487 after falling through an unprotected skylight at a construction site in Canberra. The ACT Supreme Court found that his former employer, ACT Height Safety Pty Ltd, had failed to take basic safety precautions before the August 2023 incident.

ABC News reported the judgment on 1 September 2026. The case highlights the consequences of leaving a workplace hazard unprotected and the compensation issues that can arise when an employer is later unable to meet an award. Workers injured in workplace incidents may wish to obtain advice about workers compensation options.

Workplace, Location and Time

The incident occurred in August 2023 at the Australian Defence Force Academy in Campbell, Canberra, where scaffolding upgrades were being carried out. The worker was working about 1.2 metres above the roof of a laundry building when he stepped backwards onto a skylight and fell through it.

Worker and Incident Details

The worker was employed by scaffolding company ACT Height Safety Pty Ltd. The court heard that his back struck a washing machine during the fall and that he suffered lacerations to one hand while trying to stop himself.

ACT Height Safety did not have the necessary workplace insurance cover, according to the judgment. The company later went into liquidation, leaving the ACT Workers’ Compensation Default Insurance Fund Manager to defend the claim.

Injuries

Medical evidence before the court linked the fall to injuries to the worker’s lower back and shoulder, as well as a significant aggravation of his thoracic spine. He told the court that he had relied on strong pain medication, including oxycodone, and had experienced periods of depression.

The injuries affected his ability to return to heavy physical work, including scaffolding, and limited his participation in boxing. The court accepted that even with successful shoulder surgery his capacity for heavy physical work would remain severely restricted.

Employer and Insurance Position

ACT Height Safety disputed that the fall had caused the worker’s back and shoulder problems. It argued that those conditions were pre-existing and maintained that the only injury sustained on the day was a minor scratch.

The court rejected that account. The judgment found that the employer had failed to cover the skylight and had acted negligently. The worker was also found partly responsible for not taking more care where he stepped, but the court considered that conduct far less serious than the employer’s failure to address an obvious workplace hazard.

Court Findings and Compensation Outcome

Acting Justice Michael Elkaim found in favour of the worker in the ACT Supreme Court. The court assessed the total award at $752,487, including $127,500 for past loss of earnings and $342,619 for future economic loss.

Because ACT Height Safety was in liquidation, the ACT Workers’ Compensation Default Insurance Fund Manager was ordered to pay the damages.