Summary:
If an employee does something wrong while performing his work, can his employer still be found negligent? A recent matter settled by Carbone Lawyers illustrates that workers may still be entitled to claim damages if their employer has been negligent in minimising on-the-job risks.
Key Points:
- The worker was injured when he fell while trying to remove the lid from a tank.
- He admitted that he had contributed to the accident because he had climbed onto the tank to prise the lid open forcibly.
- The core argument of the claim was that his employer had sent the man to do the job without understanding the nature of the job, what equipment was required and whether he would need assistance.
Case Details:
The worker, a man aged in his 60s, was employed by a company that carried out cleaning and maintenance on tanks and storage structures in regional Victoria. On the day he was injured, he had been working on an aged, homemade concrete tank that was in poor condition. Finding the lid difficult to remove, the man had climbed onto the top of the structure to force the lid open with an iron bar. The concrete lid crumbled, causing him to fall. He sustained injuries to his spine and left shoulder, which required surgery and long-term pain management. He also suffered psychological injuries, including depression and anxiety.
The lawsuit alleged negligence on the part of the employer for several reasons, including failing to provide a safe place and system of work and inadequate support or supervision.
Legal counsel representing the employer said the worker’s actions in climbing on top of the tank and applying force to the concrete lid were reckless and that he was responsible for his injuries. The worker had admitted as much in an interview that he was foolish to force open the tank without help.
However, Carbone Lawyers, representing the worker, argued that the employer was negligent in failing to screen properties and identify potential hazards before sending workers to perform tasks.
Additionally, the worker was sent to do the job alone, and the tools provided were inadequate for the job, which could have been avoided had there been a proper risk assessment beforehand. This lack of foresight and preparation on the part of the employer was a key factor in the case’s success.
Outcome:
The worker received a six-figure sum in an out-of-court settlement. This outcome has allowed him to retire and focus on his recovery.
The case demonstrates that even when a worker contributes to their own injury, an employer’s systemic negligence in providing a safe work environment, proper training, and adequate tools can still make them liable for damages.
