Cameron v Atlas Heavy Engineering Pty Ltd
[2024] QDC 49 · Burnett AM DCJ
Wayne Cameron, aged 59, had worked for 13 years operating a large steel-cutting machine. One day in July 2018 he was found collapsed on the factory floor with no memory of what happened and no eyewitnesses. He argued his employer should have installed a barrier or platform to stop workers falling from the raised cutting table, and that he had fallen from it. The court found, on the balance of probabilities, that he had suffered an epileptic seizure (he had a history of epilepsy decades earlier) shortly before falling. However, the judge decided it was equally possible he was standing on the cutting table when he seized (which would have made the employer liable) or simply standing on the floor (which would not). Because these two explanations were equally likely, the plaintiff could not prove his case, and the claim was dismissed. The judge nevertheless assessed damages at about $371,000 in case that finding was wrong.
Incident & injury
Worker fell on factory floor while operating a steel-cutting machine; court found he suffered an epileptic seizure before the fall. Plaintiff alleged fall from cutting table due to absence of safety barrier.
Read the findings as text
- No barrier on the table. Pleaded as the failure.
- Cause not proved. Two explanations, equally likely.
- Claim dismissed. $371,000 if successful.
- Body regions
- Lumbar / thoracic spine, Right shoulder, Psychiatric
- Diagnoses
- T6 compression fracture, lumbar spondylosis exacerbation, right shoulder injury, Adjustment disorder
- Incident date
- 10 July 2018
- Location
- Brisbane (defendant's workshop)
Quick facts
- Date of judgment
- 28 March 2024
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Unsuccessful
- Plaintiff age at injury
- 59
- Occupation
- Machine operator (oxyacetylene steel cutting machine) Machinery Operator / Driver
- Liability
- Disputed
- ISV assessed
- 14 uplift applied · Schedule 9 item 91 (moderate thoracic spine injury)
- Whole Person Impairment
- 8%
- Total damages
- $0
Outcome
The court found on balance the plaintiff suffered an epileptic seizure before falling, but held that whether he fell from the cutting table (breach of duty) or from the shop floor (no breach) were equally probable inferences. The plaintiff therefore failed to prove causation and the claim was dismissed; damages were assessed at $371,056.28 had liability been established.
Defendant
1 Atlas Heavy Engineering Pty Ltd
Employer
- Judgment against this defendant
- $0
Heads of damage
| General damages | $21,175 |
|---|---|
| Past economic loss | $130,000 |
| Past superannuation | $1,235 |
| Future loss of economic capacity | $150,000 |
| Future superannuation | $17,250 |
| Past special damages (plaintiff) | $6,709 |
| Past special damages (WorkCover) | $1,425 |
| Future special damages | $9,750 |
| Fox v Wood | $16,265 |
| Subtotal before refunds | $353,809 |
Key issues
Cameron v Atlas Heavy Engineering Pty Ltd [2024] QDC 49
When typing in a Word document, italicise the case name. The copy button copies plain text suitable for any editor.
Learn more about WorkCover common law claims in Queensland.