Mark Anthony Ross files lawsuit against Holcim Australia

A North Rockhampton man is suing a manufacturing company for $1.312 million for injuries he claims he suffered while welding and working with steel bars. The company is defending the lawsuit, arguing he had pre-existing conditions.

A North Rockhampton man is suing a manufacturing company for $1.312 million for injuries he claims he suffered while welding and working with steel bars.

However, the company is defending the lawsuit, arguing he had pre-existing conditions at the time he suffered his injuries.

Mark Anthony Ross has filed a $1,312,767 lawsuit in the Rockhampton Supreme Court against his employer Holcim Australia.

The 54-year-old Kawana man worked for the company as a welder.

Mr Ross claimed in his Statement of Claim that he was tasked to fabricate a 450mm head-wall frame from steel bars in the production shed at 77 McLaughlin Street, Kawana, on December 6, 2017 when he twisted his left knee and felt sharp and sudden pain while attempting to pick up a steel bar from the ground.

He claimed he continued to work and was required to pick up a steel bar when the events occurred again.

Mr Ross claimed it had been raining and that the company had a policy where employees must not weld wet steel bars due to the risk of electrocution, so he was required to depart from his usual system of work.

He claimed the company had not implemented a safe system of work and created a situation where workers were required to store steel bars on the floor.

He stated the company should have provided a workbench or movable storage trolley to store the steel bars and directed him to store the steel bars to his left to avoid the sudden change in his system of work during wet weather.

As a result, Mr Ross claimed he suffered a left knee injury.

Mr Ross claimed he was on restricted duties for his left knee injury and was tasked with fabricating a 450mm head-wall frame on April 23, 2018 and needed to get steel bars, which were at the bottom of a large pile of steel.

He claimed he sorted, carried and put away the pile of steel, which required him to lift and manoeuvre weights of up to 100 kilograms at a time.

Mr Ross claimed he experienced an onset of pain and discomfort in his lower back, which persisted.

He claimed he suffered a lower back injury and developed a secondary psychological injury diagnosed as adjustment disorder with mixed anxiety and depressed mood.

Mr Ross stated the company should have adopted a system of work where two or more workers unpacked steel deliveries and trained him in safe manual handling techniques for detangling, sorting, lifting and carrying steel bars.

He further stated the company should have adopted a system of work where all steel deliveries made to the site were unloaded and packed in a way that prevented the steel from entangling and intertwining and that they be packed onto a pallet capable of transfer around the site by forklift and that a forklift or mobile trolley be available to transfer steel deliveries around the site.

Mr Ross claimed he underwent surgery for his knee and back injuries and that he continued to experience pain in his left knee and lower back and that there was a 50 per cent chance he would require a surgical knee replacement within 10 years.

He claimed he was terminated by the company on August 13, 2020 and was assessed by multiple medical professionals as being unfit to return to his normal duties as a welder and had poor prospects of obtaining or sustaining any suitable sedentary employment.

He further claimed he was restricted in his capacity for work, socialised infrequently and avoided his previous hobbies of jogging, cycling, motorbike riding and attending the gym.

BTLawyers has filed a defence on behalf of Holcim Australia, arguing that a trolley was provided to Mr Ross to transport steel bars to where he welded and that there was no pile of steel on April 23, 2018.

The company argued it did not allow workers to store steel bars on the floor in their work area and that Mr Ross was permitted to store the steel bars on the trolley where he welded at the jig and therefore was not required to place them on the floor.

The company stated it had not rained on December 6, 2017 and the area Mr Ross worked was not wet or damp.

The company argued there was no pile of steel on April 23, 2018 and that any steel bars that were delivered were placed into storage racks with the use of a forklift and gantry crane.

The company argued Mr Ross was not required to and did not put away any steel because the pile of steel did not exist.

The company disputed the injuries, arguing they were not caused by the events alleged in the Statement of Claim, but by the natural progression of a pre-existing knee condition and pre-existing spinal condition.

Maurice Blackburn Lawyers has filed a reply to Holcim Australia’s defence on behalf of Mr Ross, claiming the company did not provide him with a trolley or directed him to use a trolley to store steel bars while he worked.

Mr Ross claimed sorting and placing steel bars that were delivered into the storage racks was a task usually performed by him and that the company did not direct him to use a forklift or gantry crane to place the steel bar deliveries onto the storage racks.

He claimed he was not suffering from any pre-existing conditions at the time he suffered his injuries.

A final offer has been submitted.

A list of documents has also been submitted that are relevant to the Statement of Claim.

Maurice Blackburn Lawyers and Holcim Australia were contacted for comment but either did not respond or declined to do so.