LAWMATTERS RMB -AWYERS BUILDING SITE COMPO CAN BE COMPLICATED The rights and entitlements of an injured worker on a building site with multiple contractors has long been a fraught area of compensation law. RMB Compensation Lawyer FRAN SMITH examines a recent case: The right to claim compensation against multiple parties varies according to the relationship of the injured person to the various parties and particularly a worker's rights against their employer and other subcontractors on the site. In Monahan v Belvarde Construction Pty Ltd & Ors (NSWDC 2022) the NSW District Court confirmed the employer's duty of care to keep an employee safe from injury is not absolute but rather to take reasonable care having regard to the partic ular circumstances of the case. Mr Monahan was a qualified carpenter working on a residential building site in Surry Hills. He was asked by a tradesperson from the head building contractor to help move a heavy metal clad door weighing approximately 200kg. In doing so, he suffered a back injury. The worker sued the head building contractor who had contracted his employer to provide carpentry services, and the supplier of the metal doors. Both defendants argued that the worker's damages should be reduced on account of his employer's negligence. The worker in this case did not directly bring proceedings against his employer, but that often happens in building site work scenarios involving multiple contractors, where the worker suffers a work injury while lending a hand to other trades on site. While an employer's non-delegable duty to take care of its workers is of a high standard, it is not an absolute duty. Much depends on the factual circumstances of each case and the specific qualifications of the worker. In this particular case, Judge Levy of the NSW District Court held that since the worker was an experienced carpenter requiring little supervision, he was not required to seek instructions from his employer in relation to the work task he was asked to perform by another contractor. If the worker had been less qualified, the result could easily have been different. It remains to be seen whether the defendants will appeal this recent decision In such complicated factual scenarios involving multiple potential defendants, it is important to obtain expert legal advice at an early stage. At RMB Lawyers, we have decades of experience in helping maximise their rights to compensation injured workers Always where you are Business Low Dispute Resolution Conveyancing & Property Law Wills and Estates Compensation Low Criminal Law Family & Relationships Low BOWRAL 387 Bong Bong St MOSS VALE 300 Argyle St 4862 1411 www.rmblawyers.com.au CLANE OBORNE LAWMATTERS RMB -AWYERS BUILDING SITE COMPO CAN BE COMPLICATED The rights and entitlements of an injured worker on a building site with multiple contractors has long been a fraught area of compensation law . RMB Compensation Lawyer FRAN SMITH examines a recent case : The right to claim compensation against multiple parties varies according to the relationship of the injured person to the various parties and particularly a worker's rights against their employer and other subcontractors on the site . In Monahan v Belvarde Construction Pty Ltd & Ors ( NSWDC 2022 ) the NSW District Court confirmed the employer's duty of care to keep an employee safe from injury is not absolute but rather to take reasonable care having regard to the partic ular circumstances of the case . Mr Monahan was a qualified carpenter working on a residential building site in Surry Hills . He was asked by a tradesperson from the head building contractor to help move a heavy metal clad door weighing approximately 200kg . In doing so , he suffered a back injury . The worker sued the head building contractor who had contracted his employer to provide carpentry services , and the supplier of the metal doors . Both defendants argued that the worker's damages should be reduced on account of his employer's negligence . The worker in this case did not directly bring proceedings against his employer , but that often happens in building site work scenarios involving multiple contractors , where the worker suffers a work injury while lending a hand to other trades on site . While an employer's non - delegable duty to take care of its workers is of a high standard , it is not an absolute duty . Much depends on the factual circumstances of each case and the specific qualifications of the worker . In this particular case , Judge Levy of the NSW District Court held that since the worker was an experienced carpenter requiring little supervision , he was not required to seek instructions from his employer in relation to the work task he was asked to perform by another contractor . If the worker had been less qualified , the result could easily have been different . It remains to be seen whether the defendants will appeal this recent decision In such complicated factual scenarios involving multiple potential defendants , it is important to obtain expert legal advice at an early stage . At RMB Lawyers , we have decades of experience in helping maximise their rights to compensation injured workers Always where you are Business Low Dispute Resolution Conveyancing & Property Law Wills and Estates Compensation Low Criminal Law Family & Relationships Low BOWRAL 387 Bong Bong St MOSS VALE 300 Argyle St 4862 1411 www.rmblawyers.com.au CLANE OBORNE