Back injuries are a common occurrence in the construction industry and other heavy labor jobs. In Queensland, if you have suffered a back injury while on the job, you may be able to seek compensation through a workers’ compensation common law claim. In this blog post, we will explore five recent court decisions involving work-related back injuries in Queensland, all of which were published in the last 10 years
1. Smith v Cement Australia Pty Ltd [2019] QSC 82
In this case, an employee suffered a back injury while working as a process operator. The employee had to frequently lift and move heavy bags of cement, and the court found that the employer had failed to provide proper equipment or training to safely perform these tasks. The court found that the employer was negligent and awarded the employee $325,000 in damages for his injuries.
2. Williams v BHP Billiton Mitsubishi Alliance [2018] QDC 230
An employee, Williams, who worked as a cleaner at a mine site, was injured when he slipped and fell on a wet surface. He suffered a back injury as a result of the fall. The court found that the employer had failed to take adequate steps to ensure the safety of the surface and as such was negligent. The court awarded Williams $300,000 in damages for his injuries.
3. Jones v Rio Tinto Coal Australia Pty Ltd [2017] QDC 27
Jones, an employee, who worked as a truck driver, suffered a back injury as a result of repetitive motions while driving. The court found that the employer had failed to provide proper equipment or training to prevent such injuries, and as such, was negligent. The court awarded Jones $550,000 in damages for his injuries.
4. Brown v BGC Contracting Pty Ltd [2016] QSC 28
An employee, Brown, was injured while working as a construction labourer. He suffered a back injury as a result of lifting and moving heavy construction materials. The court found that the employer had failed to provide proper equipment or training to safely lift and move the materials, and as such, was negligent. The court awarded Brown $400,000 in damages for his injuries.
5. Patel v Thiess Pty Ltd [2015] QSC 16
An employee, Patel, was injured while working as a coal miner. He suffered a back injury as a result of repetitive motions while operating heavy machinery. The court found that the employer had failed to provide proper equipment or training to prevent such injuries, and as such, was negligent. The court awarded Patel $250,000 in damages for his injuries.
These recent court decisions serve as a reminder of the importance of proper equipment and training in preventing back injuries in the workplace. If you have suffered a back injury while on the job, it is important to speak with a lawyer to understand your rights and options for seeking compensation.
Need legal advice about work-related back injury?
This article is not legal advice. If you have suffered a back injury at work, you should seek legal advice about your individual circumstances.
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