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 another party’s negligence.
We have collated a compendium of the key Supreme Court decisions in such matters, delivered between 2008 and 2023. The compendium highlights the key liability and quantum issues in each of those judgments, as well as how the Court approached the assessment of future economic loss.
Click here to download the compendium.
The intention is not to analyse each of the judgments, but rather for this to serve as a resource for defendants, insurers and lawyers when considering the issues that commonly arise in such matters. The most significant recurring issues in these judgments include:
- Whether a breach of the Coal Mining Safety and Health Act gives rise to a private cause of action (see the decisions in Kerle, Love and Souz);
- Failure to report workplace incidents (see the decisions in Krobath and Klein);
- Contributory negligence (see the decisions in Osborne, Klein, Kennedy, Paskins and Kerle);
- Vicarious liability and casual acts of negligence (see the decision in Paskins);
- The assessment of future economic loss; and
- Claims for loss of employment benefits (see the decisions in Craddock, Paskins, Love and Krobath).
Almost all of the matters were heard in the Rockhampton Supreme Court. His Honour Justice McMeekin wrote 14 of the 21 judgments outlined in the table.
If you need advice on how best to minimise the risks associated with workplace injuries at mine sites, please contact our Insurance and Risk team.