Aussie employers slugged with massive comp payouts

With the NSW government’s worker’s compensation reforms in limbo, here’s a look at some of the biggest workers comp payouts.

Personal injury payouts in Australian workplaces have doubled in just five years, sending shockwaves through the system.

From a reality television contestant’s experience on set, to a teacher injured by her student’s hand sanitiser. We deep dived into some of the eye-watering payouts that workers have claimed across the country.

Adam Elisha

Vision Australia was forced to cough up $1.5 million in December last year when the High Court overturned a 155 year-old legal precedent, awarding damages for psychiatric injuries connected to wrongful termination.

After settling an unfair dismissal claim in the Fair Work Commission, Mr Elisha took his former employer to the Supreme Court where it was found his wrongful termination “contributed very significantly” to his psychiatric injury.

The controversial decision was appealed and the initial court’s finding was overturned, however, the High Court set aside this decision and reinstated the initial verdict.

Adam Elisha received a $1.5m payout for psychological injuries related to his termination from Vision Australia. Picture: Facebook / Adam Elisha

Tracy Reimers

A South Australian school support worker who claimed she sustained throat injuries from student’s use of hand sanitiser, perfumes and deodorants won a compensation bid that saw her paid for two years of lost work and medical expenses.

Ms Reimer was let go by the Department of Education after a period of interrupted work as a result of her laryngeal sensitivity, which she claims was exacerbated by mist from a fan a girl had brought into a classroom in February 2021.

The tribunal ruled in favour of Ms Reimer, mandating the public servant should be reinstated in her job at the Department of Education.

Nicole Prince

Claims made by a former reality television contestant on Seven Network’s home renovation program House Rules, that she was psychologically traumatised on the show, were upheld in the NSW Workers Compensation Commission.

The landmark 2019 ruling found that Ms Prince was employed by the TV network during her time on the program and was entitled to compensation after being subject to harassment and bullying during filming.

The decision, which found that reality television contestants were afforded protections under NSW workers compensation law, rattled the industry at the time.

Nicole Prince, right, with House Rules teammate Fiona Taylor. Picture: Seven Network

Mitchell Robinson

An electrician put out of work by back injuries sustained while helping carry a 400kg switchboard, was awarded almost $1.3m by the ACT Supreme Court.

While lawyers for the Canberra-based utilities company ActewAGL, argued the injuries were incurred from picking up his four-year-old daughter, they were found to be “negligent in failing to provide appropriate lifting equipment”.

The money awarded to Mr Robinson included damages, out of pocket expenses and lost earning capacity.

Daniel Shepherd

A former youth support worker who fell ill after receiving a Covid-19 booster, mandated by his employer, won a landmark compensation claim in South Australia last year.

Mr Shepherd, an employee of the Department for Child Protection, was diagnosed with post-vaccine pericarditis (inflammation of the membrane around the heart) after getting his third coronavirus vaccine mandated by his employer.

The South Australian Employment Tribunal ruled in January last year Mr Shepherd was entitled to receive his income, forcing the state government to pay his weekly compensation payments and medical bills.

Daniel Shepherd, 44, developed pericarditis after his third dose of Pfizer's Covid-19 vaccine due to a rare reaction. Picture: 9 News

Linton Sheriff

A Melbourne tradesmen employed by businessman and pollster Gary Morgan was paid out almost $1.3m as a result of a 2002 workplace accident during the refurbishment of a Collins street building.

Linton Shirreff claimed Mr Morgan demanded he immediately fix a ground-floor lift despite his left hand already being in a cast, leading to his fall from a ladder which “badly injured his right foot”.

The successful bid made by Mr Shirreff and his Slater & Gordon lawyers, saw Morgan-controlled Elazac Pty Ltd, cough up $320,000 for damages and $940,000 for loss of earnings.

Lauren Vercoe

An Adelaide council worker who broke her arm after tripping over a pet fence while working from home, won her compensation bid with a tribunal finding her injuries “arose out of her employment”.

Ms Vercoe, a council worker for the City of Charles Sturt, was allowed to work from home for a day to care for a colleague’s puppy.

The South Australian Employment Tribunal found that the injury was work related as Ms Vercoe was encouraged to take breaks throughout her work day.

City of Charles Sturt worker Lauren Vercoe. Picture: Facebook

Decheng Shun, a Union worker, who offered support to the grieving family of deceased delivery rider Xiaojun Chen (in picture frame). Picture: NewsWire / Gaye Gerard

Lihong Wei

The widow of a food delivery driver, who was struck by a bus and killed in Sydney’s south, was awarded $830,000 after a court found he was an employee of the delivery service Hungry Panda.

Ms Wei’s husband, Xiaojun Chen, who worked in Sydney to provide for his wife and two children back in China, was killed while riding his motorbike through Zetland in September 2020.

The decision, which clashed with a previous Federal court finding that UberEats riders and drivers were considered contractors, opened a pathway to compensation for gig economy workers.

Originally published as Aussie employers slugged with massive comp payouts