Browsing: Workers' comp decisions (WA)


System for coordinating trades deemed safe at $1.2b site

A company's safe system for managing space and work clashes between different trades on a major project has helped block a $770,000 injury damages bid, made by a "keen" worker who took it upon himself to remove materials installed by other contractors.


Two companies handed $700k ladder-fall damages bill

A principal contractor and an employer have been found jointly liable for a worker's three-metre fall off a ladder, after they failed to implement a system to prevent safety measures from being dismantled prematurely or to erect them as needed.


Unsafe BHP work road caused PTSD

Resources giant BHP has been ordered to pay nearly $600,000 in damages to a worker who was injured in an incident that also attracted a safety fine. The man hurt his back and developed post-traumatic stress disorder after an unsafe BHP road forced him to engage in dangerous driving.


Injured worker's unfair-rating claim gets second chance

A worker with a psychological condition was denied natural justice in a case examining his claim that his manager acted unreasonably by informing him, prior to the completion of his performance review, that he was going to receive a poor rating, a judge has found.


Fuzzy injury dates not fatal to workers' claims: court

An injured worker's right to access benefits must not depend on whether he or she can prove the exact date the injury occurred, given many conditions are caused by an "accumulation of activities" or aren't immediately symptomatic, a judge has ruled.


Scope of safety duty to subcontractors clarified by judge

A court has examined the scope of a principal contractor's safety duties to the employees of subcontractors, in rejecting an injured worker's claim that the principal should have prevented his employer from requiring him to work in cramped spaces.


Safety duties satisfied at "fun" Melbourne Cup function

An employer was not required to embark on a formal risk assessment process for the "light-hearted recreational activities" it organised for a Melbourne Cup event, and could not be held vicariously liable for the alleged injury-causing actions of an employee at the event, a court has found.


$1m-plus asbestos award raises bar for compensation

James Hardie has been ordered to pay for expensive, advanced immunotherapy treatment for a mesothelioma sufferer, in a landmark case setting a "significant precedent" for future damages awards for workplace victims and others.

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