Carey-Schofield v Hays Specialist Recruitment (Australia) Pty Ltd & Civeo Pty Ltd
[2024] QSC 60 · Crow J
Aaron Carey-Schofield was a casual worker hired through a labour-hire firm (Hays) to do grounds and rubbish duties at a large accommodation village at Dysart run by Civeo. While emptying heavy bins full of food waste, he placed several full garbage bags on the ground. A wasp flew at him, he stepped back, tripped on a bag and fell, suffering a serious fracture of his left elbow that required three operations and left him with lasting pain, restricted movement and a psychiatric injury. Both companies argued they were not at fault and disputed how the accident happened. The judge found the safe system of work required bags to be placed straight into the work vehicle to avoid trip hazards, and that the plaintiff had instead been trained to leave them on the ground without a second worker to help lift heavy bags. The court awarded total damages of about $873,000, recoverable from Civeo, and split responsibility 75% to Civeo and 25% to Hays.
Incident & injury
While emptying heavy wheelie bins of food waste, the plaintiff placed full garbage bags on the ground; a wasp flew at him causing him to step backwards, trip on a garbage bag and fall onto his left elbow on concrete.
- Body regions
- Elbow, Left elbow/upper limb, Psychiatric (Left)
- Diagnoses
- Comminuted intraarticular fracture of left distal humerus, Post-traumatic osteoarthritis of left elbow with capsular contracture, Chronic adjustment disorder, Pre-existing persistent depressive disorder (dysthymia)
- Incident date
- 24 February 2019
- Location
- Civeo accommodation village, Dysart, Queensland
Quick facts
- Date of judgment
- 22 April 2024
- Claim type
- Hybrid (WCRA + PIPA)
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- Occupation
- Casual facilities worker (stores/grounds) at accommodation village Labourer
- Liability
- Disputed
- ISV assessed
- 20 · Item 101 (serious elbow injury) – WCRR Sch 9
- Whole Person Impairment
- 8%
- Total damages
- $873,014
Outcome
Judgment for the plaintiff. The court found both defendants negligent for an unsafe system of work that allowed garbage bags to be left as trip hazards. Liability apportioned 75% to Civeo (host) and 25% to Hays (labour-hire employer), with the plaintiff recovering $873,014.08 against Civeo (the larger judgment) and Hays ordered to contribute $471,738.81.
Defendants (2)
1 Hays Specialist Recruitment (Australia) Pty Ltd
Labour-hire employer
- Apportionment
- 25%
- Judgment against this defendant
- $503,596
- WorkCover refund
- $125,390
Heads of damage
| General damages | $37,920 |
|---|---|
| Interest on general damages | $0 |
| Past economic loss | $185,220 |
| Interest on past EL | $5,655 |
| Past superannuation | $18,522 |
| Future loss of economic capacity | $250,000 |
| Future superannuation | $29,450 |
| Past special damages (plaintiff) | $865 |
| Past special damages (WorkCover) | $90,417 |
| Interest on past special damages | $84 |
| Future special damages | $7,500 |
| Fox v Wood | $3,352 |
| Subtotal before refunds | $628,985 |
2 Civeo Pty Ltd
Host employer / Occupier
- Apportionment
- 75%
- Judgment against this defendant
- $873,014
Heads of damage
| General damages | $70,000 |
|---|---|
| Interest on general damages | $7,000 |
| Past economic loss | $185,220 |
| Interest on past EL | $14,174 |
| Past superannuation | $18,522 |
| Future loss of economic capacity | $250,000 |
| Future superannuation | $29,450 |
| Past care (Griffiths v Kerkemeyer) | $58,676 |
| Interest on past care | $5,867 |
| Future care | $131,865 |
| Past special damages (plaintiff) | $865 |
| Past special damages (WorkCover) | $90,417 |
| Interest on past special damages | $106 |
| Future special damages | $7,500 |
| Fox v Wood | $3,352 |
| Subtotal before refunds | $873,014 |
Contribution orders
- Civeo Pty Ltd ordered to contribute $471,739 to Hays Specialist Recruitment (Australia) Pty Ltd (Law Reform Act 1995 (Qld) s 6(c))
Key issues
Appeal
This decision was the subject of a subsequent appeal: [2025] QCA 161
Carey-Schofield v Hays Specialist Recruitment (Australia) Pty Ltd & Civeo Pty Ltd [2024] QSC 60
When typing in a Word document, italicise the case name. The copy button copies plain text suitable for any editor.