Peter Gilbertson, Maroochydore, files lawsuit against Middlemount Coal and Mine Management for workplace accident

A Central Qld miner has filed a personal injury lawsuit from driving on a road he claims was unsafe. The mine was closed three days before the accident due to a rain event.

Middlemount Mine.

A Central Queensland miner has filed a $1.1m lawsuit against a major mining company after the truck he was operating hit a pothole on the mine road and caused him alleged injury.

The mine had been closed three days before the alleged incident due to a rain event and he claims the mine road was not safe to be reopened.

Peter Gilbertson filed the workplace injury claim with the Rockhampton Supreme Court in December 2021, against Middlemount Coal and Middlemount Mine Management. The companies are defending the claim.

Mr Gilbertson, now 64, was employed as a plant operator at the Middlemount Mine, an open cut mine located 90km northeast of Emerald in Central Queensland’s Bowen Basin.

The mine is a joint venture of Peabody Energy and Pancoal. It was closed on December 16, 2018, due a rain event.

Mr Gilbertson began his swing on December 19, with his first shift being a day shift.

According to Mr Gilbertson, he was assigned to operate a Hitachi 4000 rear dump truck and work on Excavator Circuit 19.

At the beginning of his shift, Mr Gilbertson said the handover report noted the haul roads were undergoing ongoing maintenance and some areas were still rain affected and for operators to drive to conditions.

Towards the end of his shift, Mr Gilbertson was operating the dump truck when he claims he steered to the left of the roadway to provide more clearance between the dump truck and a dozer, when his right wheels ran into a pothole.

Mr Gilbertson alleged this caused him to be thrown about in the seat of the cabin and he experienced immediate onset of upper back and neck pain.

The Statement of Claim alleges the road should have been closed down or had restricted access until it had been repaired or an alternative route should have been provided until the works were completed.

Mr Gilbertson said he continued working on light duties until January 16, 2019, when he was given a total incapacity certificate by his doctor.

He claims he received his full pay until his employment was formally terminated on October 22, 2020.

Mr Gilbertson claims he doesn’t have any formal trade qualifications other than certificates of competency.

He moved to Australia between 2008 and 2009 when he began working in the mining industry.

Prior to this, he was a horticulturist in New Zealand for 30 years.

A defence has been filed by Middlemount Coal that states the alleged injury occurred as a result of Mr Gilberston leaving the haul road, contrary to instructions, training and system of work.

It states Mr Gilbertson did not keep a proper lookout in the circumstances and the injuries were caused solely by his own negligence.

Middlemount Coal claims the mine site roads were fit for their intended use and the condition of the circuit and road surface was safe and did not impose a duty on Middlemount Coal to close the circuit.

Middlemount Coal also alleges Mr Gilbertson had the opportunity to inspect the truck and assess the adequacy of the seat before driving it.

“If the plaintiff (Mr Gilbertson) sustained injury as alleged (which is denied) he did so by driving the truck at an excessive speed over rough ground, failing to steer clear of a pothole in the road and failing to keep a proper lookout,” the defence documents read.

Middlemount Coal states any loss and damage suffered by Mr Gilbertson is from a pre-existing condition and he is fit to return to work.

A final offer has been submitted.

Originally published as Peter Gilbertson, Maroochydore, files lawsuit against Middlemount Coal and Mine Management for workplace accident