Browsing: Workers' comp decisions (VIC)


Court clarifies safety duties to experienced workers

Employers are not required by workplace health and safety laws to "hold the hand" of experienced workers, but must take steps to ensure they have the skills to spot risks and select safe work methods, a court has found in upholding a worker's damages claim.


Worker's hazardous manual handling claim dismissed

A court has rejected a worker's claim his employer negligently provided him with faulty equipment that forced him to adopt injury-causing postures. It found his symptoms arose from the "general physical nature" of his duties, not any acts of negligence.


No breach found in storing undelivered stock on ground

An employer's system of storing stock on the ground in its busy warehouse made commercial and operative sense and was not negligent for a number of reasons, an appeals court has confirmed in rejecting an injured worker's claim for damages.


Worker suffered CO poisoning one day after CO fatality

A company has been ordered to pay a worker more than $1.5 million in damages, after he suffered permanent brain damage from inhaling carbon monoxide in a work vehicle, just one day after another driver was found dead in the car.


Worker awarded $635k, blames blunt knife for injury

An injured worker has been awarded about $635,000 in damages, after a court found his employer's failure to identify his tasks as hazardous manual handling, in breach of safety regulations, caused his disabling musculoskeletal injury.


"Light" duties cause further harm, worker wins $700k

An employer that directed a worker to move hundreds of boxes, and then assigned him what it wrongly believed to be light duties after he became injured, has been ordered to pay him more than $700,000 in damages for his incapacitating neck and shoulder injuries.


High Court to examine duty to prevent psych injuries

The High Court has agreed to consider the scope of employers' OHS duties to workers who resist measures aimed at protecting their psychological health, in a case involving a lawyer whose $435,000 award for post-traumatic stress disorder was quashed in November.


Regulator's recovery case beaten by own OHS evidence

A regulator has failed to recover injury payments from a workplace occupier accused of negligently causing the injury, after one of the regulator's inspectors filed a report saying the allegedly unsafe area of the site was in "adequate condition".

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