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Here are 50 results that may be of interest

Insurance (50)

Court Decision

Employer found vicariously liable for negligence of non-employee on a construction site

In the recent decision of Bartlett v De Martin & Gasparini Pty Ltd [2024] NSWSC 1172, the Supreme Court of New South Wales revisited the principles for when vicarious liability may attach to an employer for the actions of a non-employee.

  • Insurance
  • Insurance & Risk
  • Workplace injury
Todo

Court Decision

Workplace injuries in the mining industry: 15 years of Queensland Supreme Court decisions

Workplace injuries represent a real risk for operators, contractors and labour hire companies in the mining industry. They often result in protracted and expensive litigation, when the injured individual alleges that their injury was caused by anothe

  • Employee safety
  • Insurance
  • Duty of care
Todo

Court Decision

High Court clarifies employers' vicarious liability

In this article Special Counsel Jacqi Marshall and Law Graduate Chantel Leadbeater from HopgoodGanim’s Insurance practice examine the recent High Court decision of CCIG Investments Pty Ltd v Schokman [2023] HCA 21 and its clarification of the princ

  • Employment law
  • Industrial relations
  • Workplace and employment
  • Insurance
Todo

Court Decision

Employer not liable for alleged fatigue induced car crash

The NSW Court of Appeal recently handed down its judgment in Coalroc Contractors Pty Ltd v Matinca1, overturning the trial decision and finding the appellant not liable for the injuries sustained by a mine worker involved in a single vehicle accident

  • Employee safety
  • Insurance
  • Duty of care
Todo

Court Decision

Slip and fall incidents in supermarkets: ‘Grape’ disappointment

Slip and fall incidents, particularly those occurring in shopping centres, are among the most common sources of public liability litigation in Australia. In December 2022, the ACT Court of Appeal handed down its judgment in Buljat v Coles Supermarket

  • Insurance
  • Retail
  • Duty of care
  • Employee safety
  • Supermarket

Court Decision

Loss of earnings vs loss of earning capacity: Calculating economic loss when post-injury earnings are greater than pre-injury earnings

The recent decision in Chapman v Wide Bay Hospital and Health Service [2022] QDC 271 provides an interesting insight into the assessment of economic loss in circumstances where a plaintiff’s income has increased in the aftermath of an injury. Signi

  • Insurance
  • Safety

Court Decision

No bending the rules: banana harvester found liable for contributory negligence

Banana peels have long been considered an obvious risk, but in Longbottom v L & R Collins Pty Ltd [2021] QSC 242 the Supreme Court considered whether a banana harvester disregarded an obvious risk of injury by standing beneath an unusually tall b

  • Insurance
  • Negligence
  • Work cover

Legislation Update

Act passed – Workers' Compensation and Rehabilitation and Other Legislation

On 17 August 2020, we reported on the details of the Workers’ Compensation and Rehabilitation and Other Legislation Amendment Bill which sought to reduce the difficulties in proving entitlement to workers’ compensation benefits by reversing the

  • Insurance
  • PTSD
  • First responder
  • Workers comp
  • Workers compensation
  • Mental health
  • Workcover

Court Decision

Stuntman fails to prove injury significantly stunts his earning capacity

Background In Saul v Machalek & Anor [2021] QCA 7 the Supreme Court of Appeal upheld the original decision of the District Court of Southport to award Mr Saul damages totalling $104,791.95. At the time of the incident, Mr Saul was a professional

  • Insurance
  • Work cover

Legislation Update

First responder PTSD presumed work related

The real heroes of the last twelve months have undoubtedly been our first responders. Through bushfires, floods and now COVID-19, first responders have faced devastating and often traumatising situations. It is the exposure to those situations and th

  • Workcover
  • Insurance
  • PTSD
  • First responder
  • Workers comp
  • Workers compensation
  • Mental health

Factsheet

COVID-19 insurance considerations

Tips for insurance coverage during the COVID-19 outbreak The recent outbreak of COVID-19 is having a major impact on businesses, both large and small.  You may be wondering whether potential losses are covered under your various insurance policies

  • businesses
  • Covid-19
  • Coronavirus
  • Pandemic
  • Health
  • Small business
  • Large business
  • Risk
  • Commercial premises
  • Residential premises
  • Insurance
  • Public liability

Court Decision

Police officer recovers damages against intoxicated driver

Background Police officers and other “occupational rescuers” are exposed to significant trauma during their employment, which can cause psychiatric injury. Often a claim for damages is brought against the rescuer’s employer. However, in AAI Li

  • Insurance
  • Duty of care
  • Occupational rescuers
  • Motor vehicle accident