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Dank v Tabcorp Ltd - $240,000 damages (plus indemnity costs) win for worker injured lifting a ream of copying paper

The Personal Injury Lawyers achieved yet another outstanding result for a client who sustained back strain lifting a ream of copying paper in the course of her employment. The Personal Injury Lawyers argued that although the ream of copying paper was not heavy, it was the method of storage of the copying paper which contributed significantly to the worker's injury occurring. The paper was stored in a position next to the copier which made it awkward for the worker to access same. Whilst having to twist to reach the stored ream of copying paper, the injury occurred. PIL argued that the system of storage was unsafe. The worker was limited in her employment as a consequence of the back injury she sustained and was struggling in her work as a carer due to same. The employer did not agree that it had been negligent in its work systems and strenuously defended the claim. In February 2011, in the District Court on the Gold Coast, His Honour Judge Wall found in favour of the worker, awarding damages in the sum of $240,000.  His Honour's findings can be found at the following link DankDistrictCourt .

The employer appealed the decision to the Full Court. The Full Court upheld the decision of His Honour Judge Wall in its decision handed down in September 2011. The Full Court's findings can be found at the following link DankFullCourt .

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