In the case Gilmour v Blue Care [2024] QDC 189, the District Court of Queensland ruled in favour of the plaintiff, Madison Jean Gilmour, awarding her $239,272.98 in damages. The case revolved around a workplace injury suffered by Gilmour, a personal carer for Blue Care, when she sustained chronic PTSD after being sexually assaulted by a resident at an external site not operated by her employer. The court found Blue Care negligent for failing to conduct a risk assessment of the hostel, not providing adequate warnings or training against the risk of sexual assault, and for not adopting safer work practices such as requiring workers to attend in pairs. Consequently, the court adjudged that the breach of duty by Blue Care resulted in the plaintiff’s psychiatric condition, justifying the compensation awarded for general damages, economic losses, and future expenses.
Full text: https://www.sclqld.org.au/caselaw/150214