Jorgensen v Superior Pak Pty Ltd

[2025] QDC 204 · Clarke DCJ

In plain language

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.

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
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

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Jorgensen v Superior Pak Pty Ltd [2025] QDC 204

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