81 articles are classified in All Articles > Legislation, regulation and caselaw > Workers' compensation court and tribunal decisions > Western Australia
An appeals court has rejected an employer's claim that it wasn't negligent in failing to instruct workers on a safe system of work or obvious risks because it would have been patronising to do so, given the workers' high level of experience.
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.
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.
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.
> RTW pressures contribute to work injury; > Lag and lead indicators underpin national RTW plan; and > Safety guidelines for electrical-asset neighbours made in WA.
An appeals court has upheld and then increased a worker's $2 million damages award, in finding an employer should have tagged out or stored away defective equipment, which was so loud when it was accidentally activated that it seriously injured the startled worker.
An employer has unsuccessfully argued, on appeal, that it isn't liable for a worker's shoulder injuries, which she sustained performing a lifting task she had raised concerns about.
In an important ruling on seemingly inconsistent provisions on employers' obligations to injured workers, an appeals court has found an assaulted worker is entitled to recover the costs of travelling thousands of kilometres for an impairment assessment, with a view to suing for damages.
A worker's diagnosis of "soft tissue injury" from a vehicle incident is too broad for his employer to be liable for two subsequent conditions, an appeals court has ruled.
A worker has been given a second opportunity to show his employer unreasonably disciplined him for refusing to sign a new fatigue management policy, with a court stressing that mental conditions can be compensable "irrespective of the diagnostic label".
