Cannonvale man Benjamin Hardcastle filed $820k lawsuit against Cruise Whitsundays

A tourist site caretaker who suffered a brain injury on the job is suing his firm, claiming he was refused medical help and forced to stay at the worksite, hours away from the mainland. His former firm has hit back at the claims.

Aerial shot of Cruise Whitsunday pontoon, out at Hardy Reef, Queensland. Picture: Johnny Gaskell

A caretaker at a Whitsunday tourist hotspot who suffered a traumatic brain injury on the job is suing his ex-employer, claiming he was refused medical help and forced to stay on site for two days.

But his former firm – Cruise Whitsundays – has hit back claiming Benjamin Ivan Hardcastle’s injuries were minor and he was capable of returning to full time work “but has unreasonably failed to do so and thereby has not mitigated his loss”.

The Cannonvale man had been working for the tourism operator when he was injured while undertaking maintenance work at its Hardy Reef pontoon about 4pm on August 12, 2021.

Court documents filed in the supreme court and viewed by this publication allege he had been operating a winch with “a winding mechanism which had missing teeth”, meaning it would not lock in place and was inclined to unwind.

Mr Hardcastle has alleged the winch handle slipped out of his hand and began winding rapidly in reverse, striking him twice on the left side of his face and head, and throwing him to the ground with force.

As a result he said his “vision went black, then he saw stars, and he experienced headaches and developed bruising the next day”.

Mr Hardcastle has alleged Cruise Whitsunday “failed to provide working Wi-Fi or satellite phone to enable emergency communication” and he had to wait for the next vessel the following day.

He alleged his manager “refused to transport (him) from the pontoon to obtain medical treatment for his head and facial injuries” and that he was “forced to remain on the pontoon for an additional night”.

Mr Hardcastle further alleged the following day, August 14, another employee refused to follow Cruise Whitsundays “ongoing direction” to leave him (Mr Hardcastle) on the pontoon to continue supervising its other employees and took him to Airlie Beach so he could get medical treatment.

The court documents state Mr Hardcastle suffered a traumatic brain injury, facial injuries, a soft tissue injury to his spine and a psychiatric injury with adjustment disorder, anxiety and depression.

He is seeking damages totalling $820,750.09, plus interest and costs alleging Cruise Whitsundays Pty Ltd was negligent because the faulty winch was a foreseeable risk that “had been recorded in (its) daily log on several occasions in the six months prior to this date” and not addressed.

Aerial shot of Cruise Whitsunday pontoon, out at Hardy Reef, Queensland. Picture: Johnny Gaskell

Injured man allegedly ‘did not report the incident’ until following day

Cruise Whitsundays has admitted the winch was faulty and had not been addressed when the incident occurred, but in its defence stated Mr Hardcastle had not reported it had been missing teeth and as a result did not lock into place.

The business stated it provided adequate equipment in good working order that included a satellite phone and access to email, both being available for Mr Hardcastle “to report any incidents or injuries that may have occurred”.

“(He) did not report the incident and failed to make contact with the employer’s office in a timely fashion in accordance with the incident reporting and investigation procedure,” Cruise Whitsundays defence stated.

The operator denied claims it refused to transport Mr Hardcastle from the pontoon to obtain medical treatment and alleged it only became aware of the incident on August 13 when Mr Hardcastle “reported he was feeling OK but had developed a headache that day”.

Cruise Whitsundays further alleged it tried to contact Mr Hardcastle that day by way of “three telephone calls and three emails to follow up with (him) and ask for details of the incident”.

It alleged Mr Hardcastle sent an email at 10.57am on August 14 that he was getting worse and would catch the boat to the mainland – he left the pontoon by sea flight at 3pm.

Cruise Whitsundays admits Mr Hardcastle suffered a mild traumatic brain injury “but says further that any traumatic brain injury was minor, transient and has not resulted in any permanent disability or impairment (partial or otherwise) such that it will not impair or restrict (him)”.

It denied Mr Hardcastle suffered a psychiatric injury and alleges before the injury he had “lengthy adverse medical history and history of substance abuse” that included a prior traumatic brain injury in 2018.

Cruise Whitsundays has argued any monetary payout should be greatly reduced, indicating an amount from $89,293.91 would be more appropriate.

Originally published as Cannonvale man Benjamin Hardcastle filed $820k lawsuit against Cruise Whitsundays