Scaffolder Wins $752K After Fall Through Uncovered Skylight

A scaffolding worker in his 20s has secured over $752,000 in damages after injuring his back and shoulder in a fall through a skylight at the Australian Defence Force Academy (ADFA) in 2023.

In a recent ruling by Acting Justice Michael Elkaim, the court found the worker's former employer, ACT Height Safety Pty Ltd, guilty of clear negligence for failing to cover the skylight, leading to the accident. The company is currently in liquidation, necessitating that the ACT Workers’ Compensation Default Insurance Fund cover the awarded damages.

The incident occurred in August 2023 while the worker was upgrading scaffolding about 1.2 meters above a roof. As he stepped back, he fell through the skylight, hitting a washing machine and sustaining serious injuries. Medical assessments revealed significant damage to his lower back and shoulder, severely affecting his ability to perform physically demanding work.

Justice Elkaim criticized the employer's defense, describing parts of it as "simply unbelievable," particularly their claim that the worker's injuries were merely pre-existing or that the incident was exaggerated. Despite finding the worker partly negligent for not being cautious, the judge emphasized the employer's greater responsibility for workplace safety.

Source: www.abc.net.au