QR sued for $600k after disabled staffer’s toilet fall ordeal

A former Queensland Rail employee who uses a wheelchair is suing for more than $600,000 after she was left lying on the bathroom floor for hours because she did not have access to disabled toilets.

A Queensland Rail accessibility manager, who relies on a wheelchair for mobility, was left lying on the cold tiles of a bathroom floor for hours because she did not have access to disabled toilets.

Emma Weatherley is suing the government entity for more than $600,000 after she suffered permanent injuries when the cane she was forced to use in order to access the toilet slipped in some water on the floor.

She suffered a dislocated hip and shoulder which required surgery to repair.

The now 42-year-old started working for the government entity 16 years ago as an able bodied young professional and said she loved her job and was given opportunities to work in different areas across finance, risk, safety and operations before the life-changing incident.

However, in 2011 Ms Weatherley was diagnosed with facioscapulohumeral muscular dystrophy (FSHD) which changed her life as she knew it.

The progressive muscle wasting disease causes weakening and loss of skeletal muscle in adults and children, and can seriously impact a person’s ability to walk, talk, smile, blink or even eat.

Emma Weatherley, a former Queensland Rail accessibility manager is suing the government after suffering permanent injuries. Pic: David Martinelli

Ms Weatherley had raised the issue of inaccessible bathrooms in her office multiple times before she found herself lying on the bathroom floor in 2021 calling for help.

She had earlier been told not to leave her wheelchair outside the toilets because it was a trip hazard.

“I was lying there fearing I had suffered a serious injury and thinking ‘I have given so much to this place and they can’t even provide me with basic facilities’,” she said.

“QR has a huge focus on safety, their motto is ‘safety first, always’ and yet, I don’t feel they understand how unsafe it is to expect disabled employees to try to make do using inaccessible facilities.

“I had tried over the years to make this point but I never felt heard…In 2020, working in disability access, I was told my remit was strictly to consider accessibility for customers, and that staff accessibility was not within our consideration.”

The Brisbane woman said she was left with permanent limitations in how she uses her arm and increased back pain after the fall.

“And a complete lack of confidence and independence which will stay with me forever, and it was completely avoidable,” she said.

“Surely across the whole government, compliance with minimum requirements under the Disability Discrimination Act should be non-negotiable.”

The devastating experience at Queensland Rail means Ms Weatherley holds serious doubts about how the state will be able to provide accessibility for 2032 Olympics and Paralympics.

“This is unlikely without a disability workforce because you need lived experience at every table to integrate inclusion into decision making,” she said.

“We can’t be at the table if we can’t access the building. If the government is seriously wanting to attract people with disabilities to the workforce, accessible workplaces that are free from discrimination are critical.”

About 40 per cent of train stations across southeast Queensland are not accessible without stairs.

Emma Weatherley with Maverick, her Australian stock horse x clydesdale. Pic: David Martinelli

A Queensland Rail spokeswoman said it was not appropriate to comment on the specifics of this case as it was “the subject of ongoing proceedings”.

“Queensland Rail is an equal opportunity employer and is strongly committed to the prevention and elimination of discrimination in the workplace,” she said.

“Queensland Rail has reviewed accessibility requirements for employees across the business and we are delivering improvements, including accessibility upgrades.”

However, Maurice Blackburn principal Lawyer Claire Gibbs said her client was still on leave without pay because it’s not safe for her to return to work as the floor she works on in head office has not been upgraded with accessible toilets.

“The demoralising thing is there’s been no meaningful change within the workplace, it’s not safe for Emma to go back, even if she wanted to,” she said.

“So after all of this she has brought the claim Queensland Rail were aware of all of these issues, they’re aware of what the impact that the injury has had, psychologically and financially. And there has still been no meaningful change.”

Ms Gibbs said it was inspiring to meet a client like Ms Weatherly who was less concerned with her own circumstance and more concerned about making a difference to other people with disabilities.

“She doesn’t want this to be happening to her colleagues, she doesn’t want this to be happening to people with a disability entering into the workplace, and this should be one of the safest workplaces, in the state, in terms of the resourcing that will be available.”

Ms Weatherley said she was grateful to have sought legal advice after her fall given her manager at the time had told her “this is not a worker’s compensation issue”.

With Queensland Rail’s lack of action on accessibility, Ms Weatherley said she had no option but to adapt and take on new employment opportunities.

“FSHD Global Research Foundation is close to my heart and I’m now the Managing Director of the Foundation, working to progress treatments and a cure for the most common form of muscular dystrophy in adults and children, FSHD.

“They have provided me with an inclusive and supportive environment, which has enabled me to lead with purpose and passion.”

Originally published as QR sued for $600k after disabled staffer’s toilet fall ordeal