Jorgensen v Superior Pak Pty Ltd
[2025] QDC 204 · Clarke DCJ
Jason Jorgensen was an experienced boilermaker working at a Bundaberg factory that builds the rear bodies of garbage trucks. While fitting a curved metal side sheet, he used a homemade lever tool called a 'v-bar' that he said his trainer had shown him to use. The tool's tack weld broke and he fell backwards, hitting his head and injuring his neck and left shoulder. The main dispute was whether the worker had been instructed to use this unsafe tool or had improvised it himself. The judge preferred the worker's honest account over the employer's two vague witnesses, finding the company had an unsafe system of work and was liable, with no fault on the worker's part. The court accepted his ongoing neck and shoulder pain stopped him continuing as a boilermaker, even though his symptoms became worse over time. He was awarded $256,534, the largest part being $200,000 for his reduced future earning capacity.
Incident & injury
Plaintiff fell backwards while using a v-bar (an unsafe, non-certified tool he was instructed to use) to pull a metal side sheet into place when fabricating the rear body of a garbage truck; the tack weld broke, his arm caught in the spider frame and he hit the back of his head on the truck floor.
Read the findings as text
- Homemade v-bar tool. Unsafe and not certified.
- Unsafe system of work. No fault on the worker.
- $256,534 awarded. [2025] QDC 204.
- Body regions
- Cervical spine, Left shoulder
- Diagnoses
- Soft tissue injury to the left shoulder, Generalised musculoligamentous injury and/or soft tissue injury to the cervical spine, Aggravation of pre-existing mild/minimal degenerative changes to the cervical spine
- Incident date
- 13 March 2018
- Location
- Bundaberg, Queensland (defendant's metal fabrication workshop)
Quick facts
- Date of judgment
- 12 December 2025
- Claim type
- WCRA Common Law
- Proceeding
- Trial
- Plaintiff outcome
- Successful
- Plaintiff age at injury
- ~39 (inferred)
- Occupation
- Boilermaker and welder Technician / Trade Worker
- Liability
- Disputed
- ISV assessed
- 10 uplift applied · Item 87 (moderate cervical spine injury), WCRR Schedule 9
- Whole Person Impairment
- 9%
- Total damages
- $256,534
Outcome
The court found the employer liable, accepting that the plaintiff was directed to use an inherently unsafe v-bar tool which caused his fall and neck and shoulder injuries. No contributory negligence was found. Judgment was entered for the plaintiff for $256,534.15.
Defendant
1 Superior Pak Pty Ltd
Employer
- Apportionment
- 100%
- Judgment against this defendant
- $256,534
- WorkCover refund
- $4,682
Heads of damage
| General damages | $15,600 |
|---|---|
| Past economic loss | $0 |
| Future loss of economic capacity | $200,000 |
| Future superannuation | $23,982 |
| Past special damages (plaintiff) | $1,852 |
| Past special damages (WorkCover) | $4,682 |
| Interest on past special damages | $101 |
| Future special damages | $15,000 |
| Subtotal before refunds | $261,216 |
Key issues
Jorgensen v Superior Pak Pty Ltd [2025] QDC 204
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