Robert Walker, 63, suing HSE Mining and BHP Billiton for workplace accident at South Walker Creek Mine

A Central Queensland mine worker is taking on his employer and mining giant BHP over a crash at a Bowen Basin site. Full details of the court documents here.

A legal battle has ensued between a former Bowen Basin miner who claims he was severely injured on the job, and his employer HSE mining and mine owner BHP Billiton.

Robert Lawrence Walker, 63, who now lives in Sydney, filed a lawsuit with the Rockhampton Supreme Court for a combined $1.96 million for personal injuries caused by negligence.

Mr Walker was employed as a plant operator at the South Walker Creek open cut coal mine, located 35 kilometres of Nebo in Central Queensland’s Bowen Basin.

The mine is an 80:20 joint venture between BHP and Mitsui and Co.

Mr Walker had begun night shift at 6pm on the day of incident, September 26, 2018, and was directed to drive the grader to clean up spillage from the trucks on the haul road circuit.

According to the Statement of Claim, he came up behind a dozer on the haul road and was given the go ahead to pass.

As he looked over his shoulder to check the clearance between the grader and dozer, he hit a centre bunding that was in the middle of the haul road.

Mr Walker claims the bunding was covered in coal dust so that the post and signs were not visible, it was dark at the time, there was poor road design and the vehicle didn’t have effective lighting so it could be driven in the dark.

The impact of the hit, according to Mr Walker, “tossed” him in the seat and he was “jolted around” and suffered pain in his back, hip and leg and suffered a prolapsed disc.

He returned in April 2019 but took time off again in January 2020 and claims he was forced to stop work and undergo rehabilitation until April 2021.

Mr Walker alleges the back injury has now resulted in a disc rupture and nerve root damage and his sleep is often interrupted by spasms of pain.

The initial lawsuit is for $958,223.67 against HSE Mining and $1,002,173.67 against BHP.

A defence has been filed by Angela Brookes of Hall & Wilcox lawyers Brisbane for HSE Mining and Tony Scott of HWL Ebsworth Lawyers Brisbane for BHP.

Both defences argue the vehicle had functioning headlights to illuminate the road ahead and the dozer was also fitted with headlights and spotlights/light bars.

They also argue Mr Walker was treated immediately after the incident and he returned to normal duties for six days, taking only Panadol as needed.

In response to this, Mr Walker claims he suffered pain and discomfort in the lower back but did “not wish to cause a lost time incident as he was concerned his employment might get terminated”.

The mining companies have refuted that Mr Walker will need additional medical treatment in the future other than self-management with anti-inflammatories.

The mining companies also allege Mr Walker had a “pre-existing degenerative lumbar spine condition which inevitably would have been aggravated from time to time by his occupation and activities of daily living”.

BHP argued there were guide posts on or adjacent to the centre bunding and Mr Walker would have driven past it prior.

Mr Walker replied that he was looking where he was going, the lights were on low beam and he could not see the bund and the signs were covered in coal dust.

Gene Paterson of Macrossan and Amiet Solicitors Mackay is representing Mr Walker.

A final offer has been submitted.

HSE Mining and BHP were contacted for comment but did not respond.