The Court of Appeal has increased the damages awarded to a truck driver who sustained a lower back injury at work to $967,000, highlighting that courts will be cautious in applying discounts to account for pre-existing medical conditions.
On 31 August 2020, Mr McLean pleaded guilty in the Brisbane Magistrates Court to 10 charges of dishonesty in relation to a claim for compensation made under the Workers’ Compensation and Rehabilitation Act 2003. On 19 November 2020, Mr McLean received a prison sentence for the offences.
In Giles v State of Queensland [2020] QDC 332, the District Court of Queensland dismissed an injured worker’s claim on the basis the State was not negligent in its management and welfare checking during his attendance at a catastrophic fire.
In Walker v Greenmountain Food Processing Pty Ltd [2020] QSC 329, the Supreme Court of Queensland found in favour of an injured worker who climbed onto a roof to inspect a boiler failure, at nightfall after drinking alcohol. He was awarded over $960,000 and his damages were not reduced for contributory negligence.
The team has been listed as a first tier Workers Compensation & WorkCover Law firm. First tier is the highest category achievable
Allegations that an employer failed to undertake a risk assessment and prepare a documented system of work are a feature of most common law work claims.
The duty owed by retailers and shopping centre operators to prevent slips and falls is a very high one. However, the recent decision of Carnemolla demonstrates that where a defendant has a good defence supported by a detailed incident report they can still win.
The COVID-19 pandemic has dramatically increased an already significant trend of workers working from home. This blurs the line between what occurs in the course of a worker’s employment and their personal life.
After Michael Hill Jewellery at Westfield Helensvale was the target of an attempted theft, an employee has been awarded more than $270,000 in damages for injuries she sustained preventing it.
The decision is a reminder that the onus is on the injured worker to prove that their work was a ‘significant contributing factor’, not just a mere medical possibility.
The emergence of coronavirus (COVID-19) has been one of the biggest news stories in 2020. It is causing chaos in parts of the world and
Manual handling injuries make up the largest cohort of workers’ compensation claims for serious injuries. They are also usually very difficult to defend because most employers do not keep good records about the training and supervision of safe manual handling practices.