back pain injury

Are you being given work outside of your job description

Even the most dedicated employee deserves a safe workplace, but when employers push staff beyond reasonable limits, the consequences can extend far beyond exhaustion. Workplace injuries resulting from excessive demands don’t just affect the individual—they can create significant financial liability for companies that fail to protect their workers’ wellbeing.

For matters related to worker compensation, sound legal choices can go a long way.

This was certainly the case with Michelle Zealley, a former employee of Liquorland who suffered a back injury due to being asked to do a job outside her usual duties. In a landmark decision, the judge awarded her compensation of $1.3 million.

The Incident

In 2006, Ms Zealley’s supervisor asked her to unload roll cages filled with cartons of bottles from a Linfox delivery truck. This task was beyond the scope of her job and she was not appropriately trained for it. Neither of them realised that the vehicle was incorrectly stacked by the driver.

As Ms Zealley attempted the task, the driver suddenly let go of a cage, which she instinctively grabbed. This resulted in severe back injuries.

What Happened After the Accident?

Following the incident, Ms Zealley’s doctor advised her to take time off work, reduce her hours, and perform limited duties upon her return.

However, once she returned, her injuries flared up. Due to the nature of her role, it became impossible to adhere to the restrictions recommended by her doctor.

This began a cycle where she would take time off, return to work with increased hours, and experience worsening pain that took longer to subside each time.

During this period, she was left alone to manage an understaffed store. After working three consecutive 12-hour days, she ultimately resigned.

The back injury, combined with excessive workload, took a significant toll on her health. She was later diagnosed with depression alongside worsening physical symptoms.