ARTICLE · 10 OCTOBER 2011

Developments in the duty of care on construction sites

Norton Rose Fulbright Australia

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Qld Supreme Court considered the liability and duty of care owed by an employer to workers on a construction site.

AustraliaEmployment and HR

Hayley Schindler

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In Samways v WorkCover Queensland & Ors [2010] QSC 127, Justice Applegarth of the Supreme Court of Queensland considered the liability and duty of care owed to workers on a construction site.

The Plaintiff brought a claim for damages in negligence against his employer (First Defendant), the principal contractor (Second Defendant) and its subcontractor (Third Defendant). The First Defendant went into liquidation and WorkCover took carriage of the action.

Background

The Plaintiff was employed by the First Defendant, Tessman, on a construction site under the control of De Luca, the Second Defendant.

On 6 December 2005, the Plaintiff injured his left shoulder by walking into the raised bucket of a bobcat parked close to the Plaintiff's worksite.

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