Carter Capner Law monitors workplace accidents throughout Australia to spotlight safety issues of concern to our clients and to demonstrate those situations in which they may have a right to an insurance or compensation recovery. We act for workers and contractors throughout Australia. Call today on 1300 529 529 or click here to reach Carter Capner Law.
Introduction
A stable hand employed by Ben Yole stables in Tasmania has successfully claimed workers’ compensation for serious injuries sustained in a vehicle crash after completing an extensive 20-hour workday, including participation in seven races.
Details of the Incident
The employee’s exhaustive day began at 6 AM at the Sidmouth stables, extending into the late hours after races at Elwick racecourse in Hobart. The crash occurred during the return trip to Sidmouth at 1:45 AM, resulting in the death of four horses and serious injuries to the worker and three others.
Operational Context
The worker, earning a modest weekly wage, faced demanding work conditions often extending beyond the stables’ location. His duties on the race day in question were integral to his role, contrary to the employer’s claim that work done at the racecourse was “voluntary.”
Court’s Decision and Impact on Victims
The Tasmanian Civil and Administrative Tribunal (TASCAT) ruled in favor of the worker, finding that the crash occurred during the execution of his work duties. The tribunal ordered Ben Yole stables to provide compensation for injuries and ongoing costs, rejecting the employer’s argument that the employee was off the clock at the time of the accident.