Miner sues for $2 million after injury

A CENTRAL Queensland miner, who claimed he twisted his torso after wading through 50cm of mud, is suing Xstrata Coal for almost $2 million.

The miner, whom The Morning Bulletin has chosen not to name because it was unable to contact the man's solicitor, claimed that at the time of the fall he was carrying a steel channel post.

He claimed the post was 1.8m in length and weighed 12kg.

The miner, 42, who lives near Sapphire, was employed by Brisbane-based mining company Newlands Northern Underground Pty Ltd as a beltman.

He has sued the mining company for $1.9 million.

In his statement of claim the miner said that on April 28, 2011, he was working at Newlands Northern Underground mine in the Bowen Basin.

His employer directed him to work in the P6A jib area of 19 cut through in the mine, which was known as "the cut through".

The majority of the cut through floor was covered in wet sloppy mud.

As part of his duty on the day, the miner claimed he had to remove three steel c-channel posts from the cut through.

The miner claimed he was carrying the third c-channel post out of the cut through on his right shoulder and was walking through about 40-50cm of wet sloppy mud.

For a reason he cannot remember, the miner claimed he lost his balance, fell forward and twisted his upper body and torso. He subsequently injured his lower back.

He said he was suing the company based on a number of factors including failing to install a slurry or a similar pump to remove water and mud from the cut through.

It was also his belief that the company unreasonably required the miner to work in wet and muddy conditions.

He claimed the company failed to adequately inspect the cut through and there was no sufficient supervision to ensure he was not engaging in a task that involved a high risk of injury.

As a result of his torso and back injury, the miner claimed he suffered ongoing pain and wasn't able to enjoy life as much as he used to.

Topics:  court xstrata

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