Coles worker awarded $828,554 in damages following injury at work

Feb 24, 2023 | Publication

Ms Filiposka has been awarded $828,554 in work injury damages proceedings claiming negligence against her employer, Coles Supermarkets Australia Pty Ltd, in respect to a back injury she sustained in an awkward lifting incident whilst working as the manager in the delicatessen section.

On 31 December 2014, Ms Filiposka injured her back whilst lifting crates at work which varied from 10kg to 14.4kg. The store room where Ms Filiposka was required to lift the crates was a relatively confined and was crowded with stored food. She had to lift and move crates of chicken carcasses. She was required to do so without assistance in order to commence preparing the chicken carcasses for baking in readiness for sale to customers later that day.

In order to perform the task, Ms Filiposka had to stand in front of the cage in question, lean forward, lift each crate, and then in a twisting or turning movement, whilst holding and bearing the weight of each loaded crate, place them onto a small nearby mobile trolley table to transport the goods to another location.

The Court found that due to cost cutting budgetary measures, the delicatessen section of the Coles supermarket was significantly understaffed and Ms Filiposka received little to no training.

Ms Filiposka required surgery to her back and has been unable to work since the incident.

The decision can be read in full here: https://www.caselaw.nsw.gov.au/decision/1749e3e598d4e2bea9f5c5d9

The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources. If you do not wish to receive newsletters from us, please let us know.

Latest Insights

How Vicissitudes Impact Future Economic Loss in Legal Cases

When it comes to calculating future economic loss in legal cases, one concept that often arises is "vicissitudes." But what exactly are vicissitudes, and how do they affect the compensation awarded to plaintiffs? In this article, we'll delve into the definition of...

Can you still make a claim?

Many claims have limitation periods. A limitation period is a set time frame within which an aggrieved person must commence proceedings in a Court. These limitation periods generally commence from the date of the injury and/or incident. Some claims however, such as...

Teacher convicted for failing to report sexual abuse of a child

Teacher, Mr Webb of Trinity College Perth, was unsuccessful in his appeal against his conviction of failing to report sexual abuse of a child in a decision delivered on 13 October 2021. In April 2017, a group of boys from the school went on a school rugby trip to...

Annual Dinner – Parramatta & District Regional Law Society

Western Sydney's legal profession gathered for the Annual Dinner of the Parramatta & District Regional Law Society at CommBank Stadium! We are particularly grateful to Dr Hugh McDermott MP, Parliamentary Secretary to the Attorney General, Senior Vice...

What compensation can I get if I have been injured at work?

If you have a work-related injury or illness, you may be able to claim compensation for lost income, medical expenses, travel expenses, domestic assistance, pain and suffering and permanent impairment. All employers are required to have workers compensation insurance...

Court makes provision for son left out of father’s Will

The recent Supreme Court of New South Wales decision of Rathswohl v Court  NSWSC 356, involved 3 siblings disputing their entitlements to their late father’s estate. The defendant, Yvette, claimed she cared for her father for the last 18 months before he...

If I die without a Will what can happen?

If you die without a Will there can be many unintended consequences. Some of these consequences may be: A person who you do not intend could control your estate.  This could even be someone you do not know.  An executor is a person who controls an estate...