Zagi Kozarov v State of Victoria [2022] HCA12

In April 2022, the High Court of Australia allowed an appeal from a decision of the Court of Appeal of the Supreme Court of Victoria in the matter of Zagi Kozarov v State of Victoria [2022] HCA 12.

Ms Kozarov was injured in the course of her employment as a Solicitor with the Specialist Sexual Offences Unit of the Victorian Office of Public Prosecutions and brought a claim in damages against her employer. Ms Kozarov’s work included assisting in cases involving “abhorrent” child abuse and from which she was diagnosed as suffering post-traumatic stress disorder due to vicarious trauma.

The question that the High Court had to consider was whether Ms Kozarov’s employer failed to take reasonable measures in responding to “evident signs” that she was suffering psychiatric injury from vicarious trauma due to her work.

Ultimately, the High Court found that Ms Kozarov’s employer was on notice that Ms Kozarov was at risk of harm from her work. The High Court found that Ms Kozarov’s employer breached its duty of care to her by failing to act and take reasonable steps to avoid her suffering psychiatric injury.

The decision in Kozarov confirms that an employer can be found to have breached its duty of care to an employee by failing to take precautions and preventative measures against known risks of injury, including risk of injury arising from the nature of the work performed by the employee.

If you have suffered injury in the course of work we recommend you contact us to obtain our expert advice regarding your entitlement to claim compensation.