Introduction
Welcome to our blog on “Queensland Common Law Claim Payouts: Real Cases and Actual Results”. If you or someone you know has suffered injuries that make it difficult to return to work, understanding the potential for common law payouts in Queensland is crucial. In this comprehensive guide, we present eight real case summaries, highlighting the impact of injuries on employment and the compensation awarded to injured workers. Our goal is to provide valuable insights and empower you to seek the compensation you deserve. Read on to learn how our expert team can help you secure the maximum common law payout in Queensland.
Examples of Common Law Claims
Examples of common law claims in workplaces are accidents which are caused (partly or wholly) by the negligence of another.
If you have suffered a work related injury and believe that your employer, another individual or another company was partly or wholly responsible, you should seek legal advice about your interests.
What are some examples of common law claims?
Below are some examples of common law claims:
Falls and Collisions
- Fall from Scaffolding
- Fall from Ladder
- Truck Accident
- Forklift Accident
- Construction Site Fall
- Falling Objects
- Falling Debris
- Falling from Heights
- Falling through Ceiling
- Falling through Skylight
- Fall from Roof
- Slip on Wet Floor
Machinery and Equipment Injuries
- Heavy Machinery Accident
- Crane Accident
- Defective Power Tool
- Machine Entanglement
- Rotating Equipment Injuries
- Mechanical Press Accident
- Defective Hand Tools
- Industrial Boiler Explosion
- Conveyor Belt Injuries
- Forklift Tip-Over
- Hydraulic Equipment Failure
- Heavy Equipment Overturn
- Metal Shard Injuries
- Crane Collapse
- Heavy Load Drop
- Defective Hand Tools
- Machine Guarding Failure
- Machine Malfunction
- Forklift Accident
- Forklift Tip-Over
- Warehouse Forklift Collision
Injuries in Healthcare Settings
- Needlestick Injuries
- Muscle Strains from Patient Handling in Healthcare
- Back Injuries from Lifting Patients
Repetitive Strain and Physical Overexertion
- Repetitive Strain Injury (RSI)
- Heavy Lifting Injury
- Manual Handling Injury
- Back Injury
- Knee Injury
- Musculoskeletal Disorders
- Carpal Tunnel Syndrome
Office Environment and Ergonomics
- Injuries from Lack of Ergonomic Office Furniture
- Accidents from Unsecured Cords or Wires
- Injuries from Office Clutter
- Injuries from Improperly Secured Carpets
- Lifting Injuries
Workplace Conditions and Environmental Factors
- Heat-Related Illnesses in Industrial Jobs
- Cold-Related Injuries in Freezer Environments
- Injuries from Heat Exhaustion from Working Outdoors
- Exposure to Mould in Damp Workplaces
- Injuries from Vibratory Forces or a Sudden Jolt
- Fatigue-Related Injuries
Other Workplace Incidents
- Bullying
- Sexual Harassment
- Physical Assaults
- Suffocation
- Crush Injuries
- Stress and Psychiatric Injuries
Real Common Law Cases decided by the Queensland Courts:
1. Reddock v ST&T Pty Ltd & Anor [2022] QSC 293 - Concrete Delivery Driver
Plaintiff's background:
Mrs. Reddock, an experienced driver with qualifications to operate heavy machinery, worked as a concrete delivery driver for ST&T Pty Ltd. Unfortunately, her career took a devastating turn due to a workplace accident.
Injuries sustained:
Mrs. Reddock suffered a left wrist and secondary psychiatric injury, causing severe pain and impairing her ability to carry out her job effectively.
Impact on employment:
The injuries from the accident affected Mrs. Reddock’s capacity to return to her previous role as a concrete delivery driver, significantly impacting her earning potential.
Common law payout awarded: $727,133
The court found both defendants equally liable and awarded Mrs. Reddock maximum damages of $45,500 for pain, suffering, and loss of amenities of life, $140,072 for past economic loss, and $421,471.94 for future economic loss, including loss of superannuation.
2. Tyndall v Kestrel Coal Pty Ltd (No 3) [2021] QSC 119 - Machinery Operator
Plaintiff's background:
Mr. Tyndall worked as a machinery operator at an underground coking coal mine in the Bowen Basin, operated by Kestrel Coal Pty Ltd.
Injuries sustained:
Due to prolonged vibrations from operating loaders, Mr. Tyndall developed white finger syndrome, causing pain and hypersensitivity in his left ring finger.
Impact on employment:
As a result of the injury, Mr. Tyndall was restricted to ‘light work’ roles, which negatively impacted his residual income earning ability, preventing him from returning to his former role as a machinery operator.
Common law payout awarded: $1.483M
The court granted Mr. Tyndall $11,990 for pain, suffering, and loss of amenities of life, $541,525.13 for past economic loss, and $974,838 for future economic loss, including loss of superannuation.
3. Walker v Greenmountain Food Processing Pty Ltd [2020] QSC 329 - Maintenance Manager
Plaintiff's background:
Mr. Walker worked as a maintenance manager at Greenmountain Food Processing Pty Ltd.
Injuries sustained:
A workplace accident caused Mr. Walker to suffer a fractured skull, a moderate brain injury, and multiple injuries to his spine, knees, and wrist.
Impact on employment:
His permanent orthopaedic and brain injuries prevented him from returning to his previous work as an electrician or performing manual tasks that required crouching.
Common law payout awarded: $967,383
The court awarded Mr. Walker $128,050 for pain, suffering, and loss of amenities of life, $43,800 for past economic loss, and $855,481 for future economic loss, including loss of superannuation.
4. Schafer v Glendale RV Syndication [2022] QDC 263 - Chef
Plaintiff's background:
Ms. Schafer was employed as a chef at an aged care facility operated by Glendale Syndication Pty Ltd.
Injuries sustained:
While preparing a stainless-steel tray in the steamer oven, Ms. Schafer experienced severe pain in her left shoulder.
Impact on employment:
The injury forced Ms. Schafer to reduce her working hours and eventually transition to a new role as a nursery attendant.
Common law payout awarded: $397,952
The court granted Ms. Schafer $15,530 for pain, suffering, and loss of amenities of life, $175,459.51 for past economic loss, and $175,489.47 for future economic loss to offset her current work, including loss of superannuation.
5. Nkamba v Queensland Childcare Services Pty Ltd [2022] QDC 292 - Child Educator
Plaintiff's background:
Mrs. Nkamba was a child educator with extensive experience working in childcare centres.
Injuries sustained:
A workplace accident caused a right ankle injury and an adjustment disorder with a depressed mood.
Impact on employment:
Mrs. Nkamba returned to work as a support worker, but her former role as a child educator was no longer feasible.
Common law payout awarded: $197,013
The court granted Mrs. Nkamba $15,560 for pain, suffering, and loss of amenities of life, $118,166 for past economic loss, and $54,716 for future economic loss to offset her current work, including loss of superannuation.
6. Norsgaard v Aldi Stores (A Limited Partnership) [2022] QDC 260 - Store Person
Plaintiff's background:
Ms. Norsgaard worked part-time as a store person at an Aldi Store.
Injuries sustained:
She suffered a lumbar spine injury while lifting cartons of tomatoes.
Impact on employment:
Ms. Norsgaard was placed on light duties but eventually became unemployed as no suitable duties were available.
Common law payout awarded: $157,767
The court granted Ms. Norsgaard $12,530 for pain, suffering, and loss of amenities of life, $68,066.33 for past economic loss, and $67,092 for future economic loss, including loss of superannuation.
7. Kup-Ferroth v A1 Custom Stainless and Kitchens Pty Ltd [2022] QDC 3 - Sheet Metal Tradesman
Plaintiff's background:
Mr. Kup-Ferroth was employed as a sheet metal tradesman by A1 Custom Stainless and Kitchens Pty Ltd.
Injuries sustained:
He suffered a spinal injury while moving a benchtop.
Impact on employment:
Mr. Kup-Ferroth was unable to work full days or perform all his duties and became unreliable in his previous roles.
Common law payout awarded: $755,282
The court granted Mr. Kup-Ferroth $19,270 for pain, suffering, and loss of amenities of life (dominant injury being spinal injury), $251,174.15 for past economic loss, and $512,544 for future economic loss, including loss of superannuation.
8. Mason v State of Queensland [2023] QDC 80 - Custodial Corrections Officer
Plaintiff's background:
Mr. Mason worked as a Custodial Corrections Officer for Queensland Corrective Services.
Injuries sustained:
He suffered a psychological injury as a result of an assault by his immediate supervisor at work.
Impact on employment:
Mr. Mason resigned from his role and found employment in a different field, but his capacity to work as a corrections officer was affected.
Common law payout awarded: $148,114
The court granted Mr. Mason $8,630 for pain, suffering, and loss of amenities of life, $134,087.57 for past economic loss, and $54,264 for future economic loss, including loss of superannuation.
Conclusion
Workplace injuries can have devastating consequences for employees, affecting their health, careers, and overall quality of life.
If you or someone you know has experienced a workplace injury in Queensland, seeking legal representation is crucial to ensure your rights are protected and that you receive fair compensation. A skilled personal injury lawyer can help maximize your claim and guide you through the complex legal process. At Denning Insurance Law, our experienced team is dedicated to helping injured workers secure the common law payout they deserve. Contact us today for a Free Initial Claim Assessment and let us fight for your rights and a brighter future.
