ARTICLE · 01 JANUARY 2024

Deceptive legal tactics in workers compensation claims

Roche Legal

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This 2019 Qld case revealed a pattern of deception, by the employer and also by the insurer's legal representatives.

AustraliaEmployment and HR

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Workers' compensation claims are meant to provide support and protection for employees who suffer workplace injuries. However, what happens when employers, their insurers, or their legal representatives employ deceptive tactics to hinder the process? The case of Francis v MSF Sugar Limited sheds light on the concerning issue of deception by defendants and the role of insurance companies and their lawyers in such cases.

A case study of Francis v MSF Sugar Limited

In November 2019, the Queensland Supreme Court heard an interlocutory application in the case of Francis v MSF Sugar Limited. This case involved a worker, the plaintiff, who suffered an injury at work and sought damages via a common law claim. What sets this case apart is the revelation of a pattern of deception, not only by the employer but also by the insurer's legal representatives.

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