An appeal court has backed a damages award for a worker who tripped over a rubbish bag when startled by a wasp.

Labour hire company Hays Specialist Recruitment and accommodation provider Civeo lost their appeal against damages owed to Aaron Carey-Schofield, who sued them alleging a breach of their duty of care to take precautions against risk of harm.

Mr Carey-Schofield was hurt in February 2019 while employed by Hays at Civeo’s village in Dysart, Queensland, where he was removing rubbish. 

In March last year, the Queensland Supreme Court awarded him $503,595 against Hays and $873,014 against Civeo, ruling there was a failure to train him in a safe system of work.

Hays and Civeo questioned whether the damages should have included $250,000 for loss of future earnings and $29,000 for loss of future superannuation.

Civeo also cited the Queensland Workers’ Compensation and Rehabilitation Act in appealing against a costs order.

The original hearing was told Civeo’s rubbish removal system involved taking bags from wheelie bins and immediately loading them onto a utility, to avoid a trip hazard.

Although employees were taught this, it was not in written instructions. Mr Carey-Schofield – who received induction and training – said he was told to put bags on the ground before loading them.

When he was startled by the wasp, he tripped backwards over a bag and injured his arm, requiring hospital care and surgery. 

The Queensland Appeal Court rejected Hays and Civeo’s arguments about procedural fairness, and it denied that the award for loss of future earnings was too high, saying there was no error in a 50% loss of earning capacity over Mr Carey-Schofield’s remaining 20 years of working life. 

Civeo’s appeal against costs was also dismissed. 

Read the judgment here.