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Last week the District Court of Queensland in Brisbane handed down a decision in Whitley v Aldi Stores [2017] QDC 50 which concerned a checkout worker who allegedly suffered a left wrist ganglion injury whilst scanning a 4kg bag of dog food. The Facts On Easter Saturday 2013, Mrs Nicola Whitley was working at a […]
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If you get hurt at work, you often make a claim through WorkCover Queensland. But what do you do if you are hurt at work and you have a pre-existiing injury? In simple terms, things to prove are that you are a ‘worker’ and that in the course of your work you sustained an injury. the pre-existing injury […]
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When dealing with workplace injuries on construction sites, we are often told by the injured “I fell off a building!” These types of accidents occur not only on construction sites, but also can occur at outside of work-related activities, . These accidents carry serious and have long-lasting impact on the injured. Falling off a building or falling from a height […]
Continue ReadingEmployers are reminded in Hayes v State of Queensland[1] that is appropriate circumstances they owe a duty of care to take reasonable steps to prevent psychiatric injury to an employee. As was the situation in this case, this may extend to a duty to provide support to employees during an investigation. This duty is particularly prevalent […]
Continue ReadingPrasad v Ingham’s Enterprises Pty Ltd [2016] QCA 147 is a recent decision of the Queensland Court of Appeal relating to the extent of an employer’s liability for a workplace injury. The appellant in this case, joins a long line of other personal injury claimants who are able to establish their employee breached its duty […]
Continue ReadingDownes v Affinity Health Pty Ltd [2016] QCA 129 is a recent Queensland Court of Appeal decision relating to compensation following a workplace injury. The applicant in this case failed to prove that it was her employer’s negligence that caused her injuries. On 25 July 2007 at around 2:30am, the applicant said that she had […]
Continue ReadingThe case of Erlich v Leifer[1] concerned the direct and vicarious liability of a school for the criminal actions one of its teachers. This is a question of fact and degree. Courts will examine the entirety of the circumstances, including whether a school has appropriate accountability mechanisms and policies in place to monitor staff and […]
Continue ReadingA recent Supreme Court of Queensland case awarded damages of $215,286.11 on appeal for an employee injured at work as a result of negligent behaviour. The case involved an employee using a Leatherman knife in eating an orange, whilst crouched near to a frequently used walkway. As the employee stood from his crouched position, another employee walked past and the […]
Continue ReadingThe relationship that you have with your lawyer is an important one, no matter what type of legal problem they are assisting you with. During the course of a Personal Injury matter, it is particularly important that you feel you can trust your lawyer, not only to provide you with quality legal advice, but also […]
Continue ReadingDavis v Terrivic Pty Limited is a recent New South Wales Workers Compensation Commission decision that provides scope in defining ‘in the course of employment’ for workplace injury claims. In particular, Davis v Terrivic Pty Limited addresses whether an employee can still be injured in the course of employment after that employee has submitted a resignation. FACTS […]
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