Worker denied compo for failure to take reasonable care

Articles

Worker denied compo for failure to take reasonable care

01/09/2014

An experienced worker who kicked a heavy load to move it, causing himself a leg injury, has been denied worker’s compensation by the Queensland District Court.

The court heard the worker had received regular training and instruction on correct manual handling techniques, but in February 2010 he attempted to close a door jammed open with bags of mortar and cement by kicking them, subsequently snapping his Achilles tendon.

The injured person, a labour hire worker at a local council, claimed against his employer and the council. Both denied liability.

He contended the bags were stored incorrectly and that he was not adequately trained, but the court found he was trained by both parties and that he knew kicking the bags was not the correct way to move them.

The judge concluded “I am satisfied the worker failed to take reasonable care for himself which was the cause of the injury”.

Have a question? Call us:

+61 (03) 8544 4300

Safety Action is the preferred provider of workplace safety and business risk solutions for progressive companies throughout Australasia.

Send us an enquiry now »