Collinsville man Stephen Sutton is suing a former employer over serious asbestos related injuries

A Collinsville man blames his former employer after he allegedly developed asbestosis from his work more than four decades ago.

A Collinsville man is suing his former employer for $1.7m for negligence after he allegedly developed asbestosis from his former job.

A former plant operator has filed a mega $1.7m lawsuit against a past employer after he allegedly developed asbestosis and related illnesses from his work more than 40 years ago.

The Collinsville man worked for Amaca Pty Ltd – formerly James Hardie and Coy Pty Ltd – at the Newstead and Wacol factories between 1973 and 1979 where he alleged he was exposed to asbestos dust and fibre.

Stephen Sutton, 72, claims he had to operate various plant, machinery and systems involved in the manufacture of asbestos cement building products.

In a claim filed in the supreme court Mr Sutton claims he had to “handle, remove and otherwise work with raw asbestos fibre, asbestos cement products and debris of asbestos cement products” in factories that were “contaminated with asbestos dust and fibre”.

In court documents viewed by this publication Mr Sutton has accused his former employer of failing to provide or require workers to wear protective gear.

He further claims they were not warned about the need to take precautions to minimise any exposure to asbestos dust and fibre and that said exposure could cause serious injury.

A 72-year-old man from Collinsville has suing for $1.7m.

As a result he alleges he “inhaled the asbestos dust and fibre that was released and/or liberated into his breathing space and onto his hands, clothes, work environment, and person generally”.

“(He) developed asbestos related pleural plaques and asbestosis,” the claim said.

Mr Sutton alleges he has and will continue to endure pain, suffering and loss of amenities of life.

Further he alleges he has been left with a permanent disability, has restricted ability to take part in recreational and social activities and will have an ongoing need for surgery, hospital admission and medical care.

He is also unable to help his ill de facto partner.

Mr Sutton is suing Amaca Pty Ltd for $1,730,250 for negligence over allegedly breaching its duty of care.

He has alleged his former employer either knew or ought to have known he “was at risk of developing a serious injury, illness or disease including asbestosis related pleural plaques or asbestosis”.

It is also alleged Mr Sutton “would be unlikely to take precautions” to minimise or avoid exposure to asbestos dust and fibre unless warned or informed of the risk of serious injury and that he “would be unlikely to know the nature, causes and consequences of asbestos related pleural plaques or asbestosis”.

The documents state on July 11, 1971 the “Asbestos Rule” was made under the Factories and Shops Act 1960 and it is alleged it applied to both factories where Mr Sutton worked.

“The Asbestos Rule required exhaust appliances to be provided and maintained to prevent the said asbestos dust and fibre entering the air in the immediate vicinity of the plaintiff and other employees,” the claim stated.

Mr Sutton alleged Amaca failed “to comply with the Asbestos Rule” and failed to provide a safe place and system of work.

This publication contacted the lawyer for Amaca for comment, however received no reply.

It is understood Amaca intends to defend the claim as a notice of intention to defend and defence documents have been filed in the supreme court.