Back & spine settlements
in Queensland.
A worker who suffered an L4/5 disc protrusion while taking a fibreglass spiral off a mould, and later needed surgery, claimed $1,274,209.13; the court found he had exaggerated his loss but still gave judgment for $433,056.28 against his employer and $490,429.05 against the host business. A delivery driver who hurt his back carrying whitegoods in 2023 had his claim dismissed: his injury was worth $1,535 and the WorkCover refund was larger.
Facts that decide a back & spine claim in Queensland
| WorkCover is repaid first | Damages for a work injury are reduced by the workers compensation already paid, which is refunded to WorkCover under s 270 of the Workers’ Compensation and Rehabilitation Act 2003.Goldthorpe v HJS Store [2025] QDC 209 |
|---|---|
| When an employer is in breach | An employer does not breach its duty unless the risk was foreseeable, not insignificant, and a reasonable employer would have taken precautions (ss 305B to 305D of the Workers’ Compensation and Rehabilitation Act).Goldthorpe v HJS Store [2025] QDC 209 |
| Labour hire workers | Both the labour hire employer and the host business can be liable; in Singleton the host was ordered to bear 75% of the employer’s judgment.Singleton v Direct Personnel Services [2025] QSC 259 |