Exploring Real Stories: Common Law Case Studies and Videos

When it comes to work-related injuries or impairments, independent medical assessment tribunals play a crucial role. It's important to note that only a workers’ compensation insurer has the authority to refer a worker to the medical assessment tribunal. This tribunal consists of experts who make impartial and informed medical decisions regarding your situation. Find out more about common law. Here are some of the common law case studies:


Recent Common Law Case Studies:

  • A utility worker filed a negligence claim against her employer, asserting that she was compelled to carry out her regular duties for six consecutive months. The Plaintiff claimed to have sustained bilateral tennis elbow injuries due to her role as a kitchen utility worker over an extended period. However, no additional injuries were reported during this time.
    Date: February 28, 2024- Bishop v Compass Group Remote Hospitality Services Pty Ltd[2024] QDC 14
  • A former registered nurse received a $1.6 million award following an injury incurred while avoiding a distressed patient. The Plaintiff, who previously worked as a registered nurse, suffered a joint injury and subsequent psychological injury during her employment at the Specia... facility. However, contributory negligence was determined against the Plaintiff for her left shoulder injury. Date: June 30, 2023- Trinet Ruth Wilson v Gold Coast Hospital and Health Service [2023] QSC 135
  • The Plaintiff was deemed to have contributed to the left shoulder injury she sustained. This was established as her left arm got trapped between the mattress and the end of the bed, leading to injuries. This determination of contributory negligence occurred on March 14, 2023.- Cvilikas v Sunshine Coast Hospital and Health Service [2023] QSC 36 – Hindman J


Recent Common Law Videos: 

  • Work social functions and employer liability- a webinar recording, WorkCover Queensland Senior Lawyer Tim Loos hosts guest presenters Kym Cavanagh and Jim Tealby from Hede Byrne & Hall to explore employer liability concerning injuries at work social events. They review relevant cases and offer analysis on circumstances where employers could be held responsible for such injuries, though the information shared is general and not intended as legal counsel. 
  • Disclosure in Common Law Claims-  In a webinar recording, WorkCover Queensland Senior Lawyer Tim Loos hosts guest presenters Kirsten Weber and Elizabeth Bainbridge-Brown from Jensen McConaghy Lawyers to emphasize the significance of employers disclosing pertinent information and documents to WorkCover Queensland for managing common law claims. Kirsten and Elizabeth provide illustrative examples demonstrating how essential documents have bolstered the defense against claims, with a reminder that the information presented is general and not intended as legal advice.
  • High Court case examining vicarious liabilityIn a pre-recorded webinar, WorkCover Queensland Senior Lawyer Tim Loos and Chris Murphy, Special Counsel at Cooper Grace Ward, examine the case of CCIG Investments Pty Ltd v Schokman and explore the concept of vicarious liability and its implications for employers. While the discussion provides valuable insights, it's important to note that the information presented is general in nature and not intended as legal advice.



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