Brendan Robert Ruskin files lawsuit against Oaky Creek Holdings, HD Mining

A Central Queensland miner who was working the night shift on the longwall when he was struck in the upper back by a falling piece of coal has been accused of causing his own accident.

A Central Queensland miner who was hit in the back by a piece of falling coal has been accused of causing the accident by his own negligence.

Brendan Robert Ruskin has filed a combined $900,000 lawsuit in the Rockhampton Supreme Court against mine owner Oaky Creek Holdings and his employer at the time, HD Mining.

The 44-year-old Brisbane man was injured on January 17, 2018 around 4.35am when he was changing the picks on one of the shearers of the longwall at the mine near Middlemount and a piece of coal fell from the roof and struck him in the upper back, according to Mr Ruskin’s statement of claim.

Mr Ruskin claims he sustained a deep laceration to his upper back, soft tissue injury to his spine, vertebrae fractures and various abrasions and bruising.

The injury led to Mr Ruskin taking eight weeks off work and he left the mining industry for some time, going back to painting.

Now working in the mining industry again, Mr Ruskin claims he needs to take regular breaks to relieve symptoms and perform stretches as he suffers pain and stiffness in his neck and upper back.

Mullins Lawyers Brisbane has filed a defence on behalf of employer HD Mining, arguing the injury was not a risk it was aware of.

HD Mining alleges Oaky Creek Holdings was aware of at least two similar incidents where mine workers were struck from rocks falling from the roof of the longwall in the weeks before Mr Ruskin’s injury.

HD Mining states these prior incidents were not communicated to them.

Oaky Creek Holdings has knocked back the lawsuit in its defence, disputing responsibility as the work Mr Ruskin was carrying out was not for the company.

The Oaky Creek Holdings defence, filed by Barry Nilsson Lawyers Brisbane, states that before the task, the workplace was inspected by the ERZ controller, who was not an employee of the mine.

The company alleges there were shields to provide vertical support and protection on the long wall shearers and the ERZ controller and HD Mining were responsible for moving the shields to protect the workers.

Oaky Creek claims an investigation determined the fall was because of an issue of how the longwall was sheared by HD Mining employees.

They claim Mr Ruskin’s injury was because of his own negligence and HD Mining’s.

Both defending companies also dispute the injuries, claiming there is conflicting medical evidence.

A final offer has been submitted.