District Court New South Wales

CASE SUMMARY NO. 2

The Plaintiff was injured in the course of his employment whilst on a building site in Martin Place. The head contractor had hired the labour services of the Plaintiff. Without warning, the Plaintiff was required to dismantle the gyprock ceiling above him, without scaffolding and/or any other safety equipment required by Occupational Health and Safety laws.

In the course of removing the gyprock ceiling the Plaintiff slipped from a bench, which was formerly a bank bench/teller bench, to the ground suffering physical and head injuries.

The Plaintiff brought proceedings against his employer and the occupier of the premises.

The Plaintiff was successful against the employer and the occupier and significant damages were awarded to the Plaintiff for injury.

The Plaintiff’s proceedings were consolidated pursuant to the Public Liability Act 2002 and the workers compensation legislations.

Section 15D is a requirement that the workers compensation amount be paid and the Judge made findings that there were overlays in respect to future economic loss.

The Judge also made findings that the Defendants, the workers compensation insurer and the occupier, pay the legal costs.

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