Aaron Carey-Schofield, a groundsman, was awarded $873,000 after an appeal court upheld his claim for damages. He injured his elbow in 2019 when he tripped over a rubbish bag after being startled by a wasp. The court found his employer, Hays (a labor hire company working for Civeo), failed to provide adequate safety training. Carey-Schofield’s lawyer emphasized the “high duty of care” employers owe to their employees. Carey-Schofield hopes his case will empower workers to understand their rights, noting the injury has significantly impacted his daily life and ability to work.

Highlights

Here are the highlights from the article in bullet points:

• Groundsman Injury: Aaron Carey-Schofield injured his elbow after tripping over a rubbish bag while working as a groundsman in Dysart, Queensland, in 2019. He was startled by a wasp.
• Injury Details: His fall resulted in a shattered elbow requiring three surgeries.
• Initial Court Ruling: The Supreme Court in Rockhampton initially awarded him $873,000 in damages.
• Reason for Award: The court found he was not properly trained in safe work systems by his employer.
• Companies Involved: He was employed by labour hire company Hays and worked at a site run by Civeo.
• Appeal Dismissed: Both Hays and Civeo appealed the ruling, but the Queensland Court of Appeal dismissed their application.
• Training Discrepancy: Carey-Schofield was trained to line up rubbish bags on the ground, while Civeo claimed the proper procedure was to place bags directly into a vehicle to avoid trip hazards.
• Lawyer’s Perspective: His lawyer, Paul Zapata, emphasized the employer’s high duty of care to properly train employees, even if the employee contributes to the hazard.
• Impact on Life: The injury has significantly impacted Carey-Schofield’s daily life, including his ability to perform basic tasks and enjoy hobbies.
• Future Plans: He hopes to retrain and find work, potentially in a computer-based field.
• Raising Awareness: Carey-Schofield hopes the case raises awareness about workers’ rights and employers’ responsibilities regarding workplace safety and injury compensation.

Here’s an expanded version of the provided content, incorporating the requested elements:

A Worker’s Fight: When a Wasp Sting Led to a $873,000 Victory for Workplace Safety

The Unseen Dangers: A Groundsman’s Unexpected Ordeal

Imagine going to work, ready to tackle the day, and in a split second, your life changes forever. This is the reality for Aaron Carey-Schofield, a groundsman whose routine task turned into a nightmare, highlighting the critical importance of workplace safety and employer responsibility. In 2019, while working at an accommodation village in Dysart, Central Queensland, a simple task of emptying wheelie bins turned into a life-altering event. A wasp, a seemingly insignificant creature, triggered a chain reaction that would leave him with a shattered elbow and a long road to recovery.

The Fateful Moment: A Sting, a Trip, and a Broken Life

Picture the scene: Aaron is diligently emptying bins when, suddenly, a wasp darts towards him, stinging his arm. Startled, he instinctively recoils, tripping over a nearby bag of rubbish. The fall resulted in a severe injury – a shattered left elbow requiring three complex surgeries. His story underscores the unpredictable nature of workplace hazards and the importance of proactive safety measures.

“It happened so fast,” Aaron recalls. “One minute I was doing my job, the next I was on the ground, my arm throbbing with pain.”

Statistical Sidebar: According to Safe Work Australia, in 2022-23, there were 146 worker fatalities. While falls from height are frequently cited, slips, trips, and falls on the same level make up a sizable proportion of workplace injuries.

The Legal Battle: Holding Employers Accountable

Following the accident, Aaron pursued legal action, seeking compensation for his injuries and the resulting impact on his life. The Supreme Court in Rockhampton initially awarded him $873,000 in damages, finding that his employer had failed to provide adequate training in safe work systems. A significant portion of this compensation was allocated to cover past and future economic loss.

A Double Blow: The Appeal and the Fight for Justice

However, the fight wasn’t over. Both Hays, the labour hire company that employed Aaron, and Civeo, the global accommodation company managing the site, attempted to overturn the ruling. Their appeal was ultimately dismissed by the Queensland Court of Appeal, reaffirming the original decision and sending a powerful message about employer accountability.

What this means for you

• Every worker has the right to a safe working environment.
• Employers have a legal and moral obligation to provide adequate training and safety measures.
• If you’ve been injured at work, seeking legal advice is crucial.

Understanding the “High Duty of Care”: More than Just Lip Service

The core of the case hinged on the concept of an employer’s “high duty of care.” According to court documents and testimonies, Aaron was trained to line up rubbish bags on the ground before loading them into a vehicle, a practice that Civeo staff admitted was contrary to their own safety protocols, which mandated placing bags directly into the ute to avoid trip hazards.

Differing Accounts: A Question of Training

This discrepancy in training was a key factor in the court’s decision. While Civeo claimed their system aimed to minimize hazards, Aaron testified that this was not how he was instructed.

Quote from Legal Expert: “The law imposes a really high duty of care to ensure employees are trained appropriately because they don’t know better,” explained Paul Zapata, Aaron’s lawyer. “Even if the employee creates the hazard, if that was what they were told to do, the employer is responsible.”

The Wasp and the Hazard: A Chain of Responsibility

Zapata emphasized that even the seemingly random element of the wasp sting did not absolve the employer of responsibility. “It’s reasonably foreseeable that something might happen to startle a person,” he said, “and if there is a hazard there that the employer has created, then they should be responsible for the injury.”

Key Takeaways

• Employers must provide clear, consistent, and safe training.
• Safety protocols should be actively enforced and regularly reviewed.
• Foreseeable risks, even those involving unexpected events, must be addressed.

The Human Cost: A Life Forever Changed

Beyond the legal battles and financial compensation, Aaron’s story is a deeply personal one. His injury has had a profound impact on his daily life, affecting his physical and mental well-being.

Physical and Emotional Scars

“I have trouble showering, doing dishes, trying to do laundry,” Aaron shared, highlighting the challenges he faces with even the simplest tasks. “With hobbies, I can’t go for a swim, I can’t go for a game of pool. I’m a musician and I still play but I’m in so much pain when I do.”

His injury has left him with limited movement and lifting ability, impacting his ability to work and pursue his passions. The emotional toll has been equally significant, adding another layer of difficulty to his recovery.

The Statistics Behind the Story

• Musculoskeletal Disorders (MSDs): These are a leading cause of workplace injury, often resulting from manual handling, repetitive movements, or awkward postures. Aaron’s injury falls under this category.
• Mental Health: Workplace injuries can significantly impact mental health, leading to anxiety, depression, and post-traumatic stress. Studies show that injured workers are at a higher risk of developing mental health issues.

A Future Uncertain: Hopes and Concerns

Despite the challenges, Aaron remains determined to rebuild his life. He hopes to pursue further education and explore new career paths, focusing on computer-based work. However, he acknowledges the anxieties that come with venturing into unfamiliar territory.

A Call to Action: Empowering Workers, Enforcing Safety

Aaron’s case serves as a powerful reminder of the importance of workplace safety and the rights of workers. He hopes his experience will encourage others to speak up, seek legal advice, and hold employers accountable for their responsibilities.

Know Your Rights:

• You have the right to a safe working environment.
• Your employer must provide adequate training and safety equipment.
• You have the right to report unsafe working conditions without fear of retaliation.

What You Can Do:

• Speak Up: If you notice unsafe practices, report them to your supervisor or safety representative.
• Seek Information: Familiarize yourself with your workplace’s safety policies and procedures.
• Get Legal Advice: If you’ve been injured at work, consult with a lawyer to understand your rights and options.

A Final Word from Aaron

“People shouldn’t feel like they are left in the lurch because, ‘This is just a little accident’ — it’s definitely worth pursuing,” he said, urging others to stand up for their rights.

Don’t Be a Statistic

Aaron’s story is a testament to the resilience of the human spirit and the importance of fighting for justice. It’s also a call to action, urging employers to prioritize safety and workers to understand and exercise their rights. Let’s work together to create safer workplaces for everyone.

If you or someone you know has been injured at work, contact a legal professional today to explore your options.