Have you been injured in the course of your employment. If you have you most likely have a right to workers compensation, and possibly also to compensation from any other party whom may have caused the injury.
We recently acting for a client, lets call her Jane. Shortly after commencing her employment with Coles Supermarket, Jane was rearranging stock on the higher shelves at one of its supermarkets. She used a step which was provided and she fell to the ground when dismounting sideways from it. At the time she was imitating the use of the step by another employee. Coles argued that the plaintiff, Jane had been adequately trained and Jane’s case was that the training was inadequate. The Court held that the training information had not been brought to the attention of Jane. Coles appealed and relied upon the argument that the safe manner of using the step was obvious.
The Appeal Court determined as to whether the safe or unsafe manner of using the step ought to be obvious to an adult employee is a question as to whether or not the risk of harm is obvious to a lay person. The Court held that there was a foreseeable and not insignificant risk of harm from using the step. The Court further held there was a duty to educate and that this was not unreasonably burdensome on Coles. The Appeal by Coles was dismissed and compensation was payable to our client, the injured worker.
If you have sustained an injury at work in the course of your employment and want to know your legal rights then call Peter Moore, Specialist Compensation Lawyer of Brazel Moore Compensation Lawyers on 4324 7699 for a free confidential chat.
