Worker obtains $220,000 in compensation from host employer as a result of tripping on a pipe on the job-site
- 25 March 2021
- Pauline Yacoub
Case Overview
In June 2016, our client was sent by his employer, a labour hire company to perform specific construction work for the Defendant, the host employer. The Defendant had the care and control of the jobsite and was managing the job site.
Our client was sent by his employer for a specific role in accordance with an agreement held between his employer and the Defendant, however when our client arrived at the jobsite, he was required to perform a different role involving manual labour which our client did not have experience in.
Our client advised the Defendant that he was not trained for the role and he had been sent for a different role by his employer.
The Defendant provided no training regarding the new role, nor did they induct our client onto the jobsite. Whilst on the jobsite and performing the work our client was not trained for, he tripped on a pipe that was placed behind him by an employee of the Defendant.
As a result of the fall, our client sustained a meniscal tear requiring arthroscopic partial meniscectomy. Our client came to us for advice after the pain in his right knee had not subsided. Proceedings in the District Court were commenced against the host employer on the basis that the host employer failed to adequately supervise its workers and ensure a safe system of work was adhered to.
Our Approach
Our team issued subpoenas on the Defendant, and it was revealed that the Defendant did not have in place a safe system of work and failed to induct and provide adequate training to the Plaintiff.
Further, our team obtained an expert liability report from a safety management and building specialist, who provided the opinion that the Plaintiff was not warned or advised of the potential obstruction. Our expert provided the opinion that the Defendant failed in its duty of care to ensure that employees were adequately trained and provided with a safe system of works.
Whilst our team was building up the liability aspect of the matter, we also had our client assessed by an orthopaedic surgeon and a psychiatrist who both provided supportive reports outlining the significant impacts the injuries sustained were having on our client’s quality of life and work capacity.
Once all evidence was obtained, our team was able to successfully negotiate the matter with the Defendant. Our team achieved a very favourable outcome for our client without the requirement of going to hearing.
Pauline Yacoub
Solicitor
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