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Reflecting on a recent WHS appeal case, a lawyer discusses how practitioners can defend a workplace injury claim by collating information quickly and extensively.
Appeal dismissed
In B.M.D. Constructions Pty Ltd v Nicholson [2026] QDC 5, the District Court of Queensland found that in 2020, a labour hire worker, William Sills, had his calf lacerated after his leg was run over by a grader operator.
In her 30 January 2026 decision, Judge Dominique Grigg ruled that BMD Constructions should have mitigated the incident by implementing supervision or spotting of workers, dismissing the appeal.
Clyde & Co partner Luke O’Kane said this case reveals that safety policies alone will not protect organisations from court action and that implementation of a safe working environment is necessary.
Far-ranging implications
O’Kane noted that the implications of this case are far-ranging and could impact industries beyond construction, including disability care, childcare, pubs, and clubs, which should equally ensure that their policies are implemented to mitigate work health and safety (WHS) risks.
“[This case] underscores that the construction industry has always been and will always be a risky enterprise or a risky area,” O’Kane said.
Constant vigilance
“As soon as you get notified and as soon as you get retained, it’s important to take steps to get the evidence as which is possibly from those relevant people,” O’Kane said.
“From a tactical point of view, identify the key purveyors of your evidence, and get them signed up to their statement or their story as soon as possible.“
O’Kane stressed that solicitors must ensure they have witnesses available to confirm that the client has implemented those policies.
“We want to have that information as quickly as possible, so that we can make sure that people are available to assist whenever we need to defend a claim, answer an inquiry, or engage with an investigation,” he said.
