Worker's common sense should have prevented laptop lifting

In an important ruling for employers of mobile workers, the NSW Court of Appeal has upheld a finding that two companies were not liable for a back injury suffered by a worker who had to regularly carry a laptop and printer.

The worker, a business insurance underwriting representative employed by GIO Australia Ltd and AMP Services Ltd (which were at the time, part of the same business), injured her back in February 2001 as she was lifting her laptop and printer out the boot of her car. The computer equipment was kept in the same bag, and weighed about 10.5 kilograms. She hasn't returned to work and also suffers psychological sequelae from the injury. The worker sought damages, arguing that the employers had been negligent in failing to instruct her in safe lifting techniques; failing to provide her with a safe system of work, lifting assistance or lighter equipment; and failing to monitor her lifting.

District Court Judge Quirk heard that on the day of the incident the computer bag had moved to the back of the car boot and the worker had attempted to lift it with her arms outstretched, rather than first pulling it towards her. The court accepted the employers' argument that the worker was engaged in what was essentially a normal everyday task, which it was not reasonable to regard as requiring instruction or warning as to how it should be done, particularly having regard to the remote risk of injury.

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