Bowen Basin miner Kathryne Jones files $1.4m suit against Hail Creek mine
A former Bowen Basin miner has launched a negligence lawsuit alleging a permanent disability that she says cost her a high-paying mining job.
Mackay
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A former Bowen Basin coal truck driver has filed a $1.4m negligence lawsuit over a lower back injury she claims caused a permanent disability, costing her a high-paying mining job.
Kathryne Jones has alleged the mine where she worked, about 120km southwest of Mackay, did not provide a safe environment.
The 53 year old was earning $1650 net per as a heavy plant operator for WorkPac Pty Ltd at Hail Creek mine, when she alleges two incidents occurred that sparked the ongoing issues.
Paperwork filed in Mackay Supreme Court state on January 30, 2020 Ms Jones had been operating a Komatsu 960E dump truck when she hit a large pothole and was “jolted heavily in a rocking motion” despite wearing a seatbelt.
She claims she “immediately felt pain her lower back” – following this she continued working “although she was still experiencing pain in her lower back”.
About a month later on February 18 during the training session the Caterpillar truck she was operating was “loaded with more coal and as she was travelling back to the co-disposal area, her seat lost air and bottomed out hurting her buttocks”, the claim stated.
Ms Jones claimed the trainer who was sitting beside her told her to continue driving as there was nowhere safe to pull over and they were near their destination.
She alleges she had to pump air into the seat “every half an hour or so” while in the Caterpillar truck.
“When the air in the operator’s seat deflated (she) was jolted and jarred because of the seat bottoming out,” the statement read.
“As a consequence of the second incident (she) immediately felt pain in her lower back, which gradually worsened.”
The claim stated she received treatment and has not returned to work since, alleging she has suffered a “permanent partial disability and incapacity”.
She is suing Hail Creek Coal Pty Ltd for $1,443,523 which included more than $100,000 for subsidised meals and accommodation, alleging she had enduring and will continue to endure pain, suffering and loss of amenities of life.
Ms Jones alleged the mine breached its duty of care including failing to maintain the seat suspensions in the truck and the road on which the pothole was located.
A notice of intention to defence the lawsuit has not been filed. This company reached out to the mine operator for comment.
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Originally published as Bowen Basin miner Kathryne Jones files $1.4m suit against Hail Creek mine