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Case note on negligence in the workplace

June 14, 2016 by Natasha Duff 2 Comments

A 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 knife stabbed the hand of the employee using it.  The injury sustained required immediate surgery.  The case highlights the need for foreseeability of risk and its significance when negligent in the workplace.

You can read more about this here. For a copy of the full case you can access it here.

Filed Under: Common Law Claims, Statutory Claims

Reader Interactions

Comments

  1. Lauren says

    June 22, 2016 at 2:56 pm

    Can a employee resign from their job when they have just returned to work from workers compensation. When they return workers comp has ceased payments and closed claim. Not wanting to return due to employer harassed employee and small amout of work. And employee has now told work cover that they know nothing of the accident today when accident was 3 mths ago and claim approved 2 and a half mths ago. Employee never responded to workcovers emails or phone calls. Has now lied about firing employee over accident due to not wanting to make a claim. He never paid wages when pay day was. Just wanting to know legal rights to start a new job without any repercussions from the employer that work cover went thru.

    Reply
    • Natasha Duff says

      June 23, 2016 at 1:59 pm

      Thank you for your enquiry. Given that your workers compensation has ceased, and that your present concerns relate to issues of employment law, rather than personal injury law, it may be best for you to discuss your sicuation with an employment lawyer. If you would like to contact our office, one of our Business Development Officers would be happy to assist you.
      Yours faithfully,
      Natasha

      Reply

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