Common law claim
Common law claim
Instructions: a direction or mere request?
Vella’s Plant Hire Pty Ltd v Mistranch Pty Ltd & Ors, 29 March 2012
This case highlights the question that needs to be asked in matters where directions are being received from the principal contractor. That is, whether an instruction from a Principal is a mere “request” or is conduct amounting to direction and control of how the work is to be carried out. Read more...
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. Read more...
Impact of injury on Economic Loss
Judge v RH Grey & Son Pty Ltd & Ors [2012] QDC 33
This case demonstrates the impact an injury can have on a worker’s ability to earn income over their working life. Read more...
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. Read more...
Surveillance and other related issues of credibility
Barker v Casco Australia Pty Ltd, 07 October 2011
This case study clearly demonstrates the importance of achieving a return to work outcome and that surveillance and other related issues of credibility are subject to the opinion formed by a Court and can be critical in determining the outcome of a quantum only trial. Read more...
A question of credibility
Hannah v Barellan Bobcat Hire Pty Ltd, 24 August 2011
Liability will be determined on the facts that are accepted by the Court, and the credibility of the parties is critical in making this determination. Read more...
Psychological injuries in the workplace
Lusk & Anor v Sapwell, 1 April 2011
Employers only have to address risks in the workplace that are reasonably likely, while a worker must prove that the employer's breach of duty of care caused their injury. Read more...
Risk of injury for manual handling
Griffiths v State of Queensland, 1 April 2011
A risk assessment is still required when an issue comes within the employer's knowledge, either formally or informally, even when the risk of injury may not appear very significant. Read more...
Damages for care and assistance
Koven v Hail Creek Coal Pty Ltd, 25 March 2011
Full damages for care and assistance can be awarded where paid care and assistance was provided even just once between the date of injury and trial, despite being provided gratuitously/for free on all other occasions. Read more...
Prior injuries and future economic loss
Symons v The Haggarty Group Pty Ltd, 23 March 2011
This case study highlights how the court may consider if there was a reasonable way the employer could have avoided the risk of injury, and how this may affect the outcome. Read more...
Basic task results in negligence
Taylor v Invitro Technologies Pty Ltd, 15 March 2011
This case study talks about how an employer needs to carefully consider complaints made by employees and respond to them in an appropriate way. Read more...
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 Read more...
Previous employment influence
Husband v Hikari Pty Ltd, 22 October 2010
This case study shows that a Judge may award damages despite having a pre-existing injury, and future economic loss may be awarded based on income from previous short-term employment. Read more...
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. Read more...
General induction not enough
Brunker v Consolidated Meat Group, 29 August 2010
This case study is about a slicer employed at a Rockhampton meatworks that demonstrates employers must give task specific instructions and directions and must provide more than a 'general induction'. Read more...
Employer not negligent for trivial accident
Chapman ATS University of Southern Queensland Student Guild, 12 August 2010
Manual handling case study where a cleaner was injured performing additional duties. This case study demonstrates an employer will not necessarily be found negligent for a trivial workplace incident. Read more...
Verbal warning not enough
Samways v WorkCover Queensland & Ors, 28 April 2010
This case study shows that a verbal warning is not sufficient action if there is a reasonable way to isolate a risk and the plaintiff can be liable for contributory negligence Read more...
Third parties to provide insurance
Hodge v CSR Limited, 2 February 2010
Third parties may have to provide insurance for employees when it can be shown the injury was caused by a change to the system of work that could not be detected on inspection of the premises prior to injury by the employer. Read more...
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. Read more...
Employers must provide safe work system
Caird v State of Queensland, 30 July 2004
Negligence in enforcing a safe system of work can result in substantial compensation, regardless of the significant long term effects. An abattoir case study. Read more...