Summary:
Carbone Lawyers has achieved a successful outcome for a disability support worker who sustained injuries when they slipped on a wet floor whilst caring for a resident at a facility. The claim alleged negligence and/or breach of duty by the employer and the cleaning company responsible for maintaining the floors. The worker’s injuries include physical trauma and subsequent psychological impact.
Key Points:
- The plaintiff, a woman in her 60s, was assisting a resident in a disability care facility when she slipped on a wet floor and fell, suffering multiple injuries.
- The facility’s cleaning contractor had recently mopped the floors and failed to take adequate measures to make others aware that the floor was wet.
- The worker claims negligence and breach of duty against the employer for failing to provide a safe working environment and against the cleaning company for creating a hazardous condition.
Case Details:
The worker, a woman in her 60s, was employed as a disability support worker at a care facility in suburban Melbourne. Her regular duties were physically demanding, involving assisting disabled clients and residents with daily activities, preparing meals, and administering medications.
On the day of the injury, she was assisting a resident in the dining room when she slipped and fell on a wet floor, sustaining injuries.
The worker alleges that the floor was wet and slippery because the contracted cleaners had recently mopped it and failed to provide adequate warnings or ensure the floor was dried correctly.
The worker’s injuries from the incident included fractures to her wrist, spine and coccyx, as well as psychological trauma. These injuries required medical treatment, including surgery, and have had a lasting impact on the woman’s life, affecting their ability to perform daily tasks, engage in hobbies, and maintain social connections.
Carbone Lawyers, acting for the worker, alleged negligence and breach of duty of care by the employer and the cleaning company. They argued that the employer failed to provide a safe working environment and that the cleaning company failed to ensure the floor was safe after cleaning.
Outcome:
In addition to her WorkCover entitlements, the worker received an additional lump sum of several hundred thousand dollars for damages. She has been able to return to work part-time with modified duties.
