A tradie has been awarded almost $250,000 in damages after slipping and falling on an icy construction site.
In an ACT Supreme Court decision published last week, Justice Verity McWilliam ruled in favour of the man, finding his employer had been negligent.
Ahmad Alananzeh, who was 26 at the time of the fall, sued his former employer Zgool Form, and contractor Xmplar Formwork, seeking damages.
In April 2021, Mr Alananzeh was working as a labourer at a construction site in Denman Prospect.
While carrying plywood on a rooftop, which was covered in frost, he slipped and fell, injuring his back.
He noticed immediate pain in his lower back, and in his left hip and leg.
Mr Alananzeh couldn't get to his feet and was given a blanket to keep warm while an ambulance was on the way.
He was taken Canberra Hospital, where he was assessed and remained for almost 12 hours, but was ultimately not admitted and sent home on crutches.
Mr Alananzeh claimed the contractors failed to provide a safe system of work.
He now suffers from ongoing back pain, claiming he is unfit for work.
Giving evidence to the court, Mr Alananzeh said the surface of the deck was frosty, and while initially he was walking slowly and carefully his employer started pushing and "they were in a rush".
Justice McWilliam found precautions, including ensuring the surface was dry, or waiting until the surface was not slippery, would have been reasonable.
She also stated the size and estimated 25-kilogram weight of the plywood Mr Alananzeh was carrying contributed to the fall.
The hospital found he suffered from a disc protrusion and a bone spur.
Mr Alananzeh's surgeon said the man had a pre-existing asymptomatic condition that was aggravated or exacerbated by the fall.
The judge took this into account but stated "sickness is part of the vicissitudes of life and there is a real likelihood that this injury would have occurred regardless of the negligence, particularly where the work involved was heavy physical work in the construction industry".
"Given his evidence that he has good days and bad days, I think it is likely that he will suffer ongoing but intermittent back pain for the rest of his life, with some improvement through rehabilitation and regular physiotherapy, but not surgery," she said.
However, Justice McWilliam said the tradie had exaggerated his condition to the court.
She stated "there was a bit of a performance being given" when he walked with a slight limp in the courtroom.
"Overall, I accept that the plaintiff is not significantly debilitated, although he may have flare-ups, and that he is functioning and socialising, but that the loss of the employment does bring a degree of isolation," she said.
