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Who is to blame for workplace injuries?

Richard Faulks

24 Apr 2019

Topics

  • Personal Injury

Workplace injuries are common, but is the employer always to blame? In this article Richard Faulks reviews a recent ACT Court of Appeal case dealing with just this issue.

In this case – Jancevski v WR Engineering [2018] ACTCA 34 – the Court needed to decide whether or not the employer had complied with its duty of care in providing training to the employee.

The accident

The employee was injured while he was fixing a garage door that had previously been installed by the employer. The accident occurred when a bracket holding a highly tensioned spring came away. The Court had to consider whether the training and warning that the employer gave to the employee was adequate. In this case, the Court found that the employer had warned the employee that the spring bracket had to be secured solidly by bolts before any tension was put into the spring. However, in this instance, the employee didn’t follow those instructions.

The judgment

In these circumstances, the Court found that the employer hadn’t breached their duty of care.

This case highlights the importance of employers providing detailed and specific instructions about workplace tasks and any risks associated with those tasks.

How can we help?

If you have questions about workplace injuries our Personal Injury team will be able to advise you. Please contact us on 02 6285 8000 or by email.