WorkCover Recent Cases

A worker carrying out repairs at a bio-fuel refinery fell 8.8 metres from a non-compliant ladder onto concrete. The employer admitted negligence; the real fight was apportionment. The Court put 75% on the refinery occupier for failing to identify and fix the dangerous gap in the top ladder.

A 41-year-old meat worker who slipped on stairs alleged the floor and his boots were left slippery by inadequate cleaning facilities. The Court found the fall came down to a misplaced foot — probably his own inattention — not any defect or uncleanliness in the steps.

A registered nurse was injured restraining an aggressive dementia patient. The Court accepted the hospital was negligent for not training her to stay out of restraints — a job trained security staff were there to do — and for security failing to call for backup.

A corrections officer was punched by his supervisor, then verbally abused by colleagues for reporting it — while management kept rostering him alongside the supervisor. The Court found the State vicariously liable and that the investigation and support after the report were mishandled.

A man helping spray herbicide on a 160-acre hobby farm fell on a rock and broke his leg. The Court held he had not proved that the safety measures he said should have been in place would actually have prevented the injury.

A hospital worker's arm was caught between a mattress and bed frame when a colleague threw the mattress without warning. The Court held a reasonable person moving a mattress must make sure no one is in its path — or warn them — and the employer was negligent for having no such procedure.

A worker setting up a childcare play area twisted her ankle on a block left on the shed floor. The Court found staff hadn't packed the shed properly the day before — and a tidy-up rule on paper wasn't enough without proof it was followed.

A lumbar puncture patient suffered a perforated large intestine that wasn't found until exploratory surgery the next day, leaving her with a 17cm scar, a colostomy bag and an adjustment disorder. With liability admitted, the case settled the quantum — affirming that future economic loss is about lost earning capacity, not just current income.

A 54-year-old chef injured her shoulder stacking 5.5kg food trays into ovens, having raised concerns with two superiors beforehand. The employer's failure to conduct any risk analysis of the task was decisive in the finding of liability.