Lessons from a ‘landmark’ $1.39m compensation payout

A 2018 case from Western Australia, which dealt with a worker’s devastating spinal injury, still offers timely reminders about the imperative for employers to properly implement safety steps and mitigate workplace risk.

The case

On 20 May 2013, a 32-year-old machine operator in Rockingham, Western Australia, sustained a serious back injury after lifting steel bars from a bending machine. Feeling a sharp pain in his back and reporting the injury to a safety representative, he was initially told to keep working before later being moved to lighter duties.

A common law negligence claim was brought by the worker outside of the statutory workers’ compensation scheme, as the former employee sought greater damages in accordance with the severity of his injuries. The key disputes in the work injury damages claim were whether the worker’s movement was an accepted method, whether the employer breached its duty of care by failing to assess risk and provide adequate training and equipment, and the extent and future impact of the injury.

In 2018, the case was heard in the District Court of Western Australia, and the worker was awarded a total of $1,389,300.12 in common law damages for pain and suffering, past and future earnings loss, and medical expenses.

Avoiding injury

Founder and director of Foyle Legal, Christian Foyle, said that, having handled thousands of workplace claims, musculoskeletal injuries remain one of the most common. He warned that, without caution and proper assessment, the simplest workplace tasks can lead to possible permanent disability.

“Every worker should pause and evaluate the weight, shape and stability of an item before attempting to lift it.”

He added: “First, assess if the lift is necessary at all – could the item be moved mechanically instead? Second, check if the load is within your capability or if you need assistance. Third, ensure your path is clear and you have a good grip before starting.”

“This simple habit can prevent catastrophic injuries that may affect someone for decades.”

The Perth-based lawyer also highlighted how the compensation case represented the long-term consequences of such injuries, extending far beyond immediate pain: “The financial compensation in these cases reflects not just weeks of recovery, but often decades of lost income, ongoing medical treatment, and permanent limitations on a person’s ability to work and enjoy life.”

Contemporary guidelines

While compensation laws have changed since the time of ruling – the Workers’ Compensation and Injury Management Act 1981 was replaced with the Workers Compensation and Injury Management Act 2023 on 1 July 2024 – the lessons remain relevant.

WorkSafe Western Australia outlines hazardous manual tasks as those involving repetitive or sustained force, high or sudden force, repetitive movements, sustained or awkward postures or exposure to vibration.

Foyle explained that “many workers don’t realise that even relatively light objects can cause serious injuries if they’re lifted with poor technique or from awkward positions.”

He added: “The weight is just one factor among many.”

And this is where the employer’s creation of a safe and knowledgeable workplace comes in.

Recommendations for employers and managers

WorkSafe Western Australia’s Code of Practice on hazardous manual tasks notes that employers need to identify, assess and control manual handling risks, and “companies need clear protocols for different types of loads.” According to the guidance, risk management needs to consider every aspect of manual work – posture, movement, force, workplace design, and environmental factors.

Employers also have a legal obligation to provide safe systems and generate a culture of safety over productivity, and not leave judgement to the worker. Foyle explained that “What we often see is that workers feel pressured to ‘just get the job done’ even when they recognise a task might be unsafe.”

Education and training are crucial features – Foyle explained that not only do many injuries share common features that can be avoided with the use of mechanical aids, but “many injuries occur because workers either underestimate the load or face workplace pressure to move quickly.”

This also includes creating a culture where employees can speak up. Foyle stated that “workers have the right to refuse unsafe work, and speaking up about potentially dangerous lifting tasks could prevent a lifetime of pain and disability.”

“Prevention is infinitely cheaper than a permanent injury – financially, legally, and morally.”

Looking to the future

“When a workplace injury becomes catastrophic, the cost isn’t measured in weeks – it’s measured in decades of lost income and daily limitations,” Foyle stated.

And if the landmark compensation case says anything, it’s that training, safety and proper systems are not optional. As Foyle concluded: “Big payouts are rarely about a single moment – they reflect a lifetime of consequences after safety systems fail.”

He concluded: “Proper assessment before lifting is not optional. It could be the difference between going home safely and suffering a life-altering injury.”

Case cited: Warn v Best Bar Pty Ltd [2018] WADC 17