Tag: Injury Liability
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The Death of Hatzimanolis: The High Court Rewrites the Rules for Work-Interval Injuries
For more than two decades, the boundaries of an employer’s workers’ compensation liability during work-related travel were governed by a relatively generous legal principle. Under the classic High Court ruling in Hatzimanolis v ANI Corporation Ltd (1992), an injury occurring during an authorized interval in a remote or temporary work assignment was generally compensable, provided…
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A dip, a slip and a hospital trip
In an unexpected turn the New South Wales Court of Appeal has dismissed a case put to the District Court involving a customer who fell in the cold section of the Coles Neutral Bay Supermarket in 2010. The case which was finalised in August last year resulted in Coles Supermarkets being sued for nearly $120,000…
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Worker contributorily negligent in stock trolley injury, but employer still responsible
A Queensland IGA worker was injured by a 240kg loaded trolley which ran into the back of her heel during a store fit out. The worker claimed to not have been trained in use of the trolley or OHS procedures but was found to have been contributorily negligent in failing to take reasonable care for…
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Worker successfully claims for injury during journey to work in SA
A worker has successfully argued before the Workers Compensation Tribunal in South Australia that a journey between home and work in an employer supplied vehicle was “undertaken in the course of carrying out duties”.
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SA lost more than 560,000 days of productivity due to claims in FY12
SafeWork Australia’s 2012 numbers reveal South Australia has the highest average premium of any Australian jurisdiction, losing more than 560,000 days of productivity during FY12.
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The value of witness statements in workers compensation
A recent case appealed before the Federal Court re-affirms the importance of witnesses in workers compensation matters. A worker claimed to have lifted a 35kg box and felt excruciating pain, witnesses could not verify his claims and liability for compensation was rejected.
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The impact of musculoskeletal disorders on organisation’s and individual’s returning to the workplace.
Muscular stress while lifting and/or handling objects resulted in 33% of all serious workers compensation claims lodged in Australia during 2008-2009. Musculoskeletal injuries can pose short term and long term implications to an individual. Sprains and strains may appear to be simple injuries at the time, however after time and repeated aggravation they can seriously…
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McDonalds cleaner suing after slipping in spilt liquid
A major fast food retailer has told a hearing in an Adelaide court that a cleaner who slipped and fell outside one of its shops is responsible for her own injuries.
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Coles Supermarkets objecting to paying workers comp on journey claims
One of the biggest chains of supermarkets has raised attention on ‘journey claims’, objecting to paying compensation claims to workers who were injured on their way to or from work in Queensland, citing that employers cannot control risks. According to a Courier Mail report, Wesfarmers (Coles Owner) made a submission to a review of the…
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New Australian Mesothelioma Registry
The Australian Mesothelioma Registry released its first data report on the 13th of September. The new report includes information on 612 mesothelioma cases diagnosed during 1 July 2010 to 31 December 2011, notified to the registry up to 31 August 2012. Representing a rate of 2.7 per 100,000 population. This is considered by the registry…