Worker sues Wagner Industrial Services for $1.5 million in personal injury claim

The worker alleges he told his supervisors twice that using a worn-out piece of equipment was causing him pain but those were allegedly not acted upon and ultimately led to what he claims is a debilitating injury.

Wagners Industrial Services is being sued for $1.5 million in personal injury damages after a truck driver suffered a grisly shoulder injury while loading materials at a Mt Isa mine.

In a Statement of Claim filed in the Brisbane Supreme Court, lawyers for the 51-year-old man allege the Toowoomba-based company had a duty of care to take reasonable steps to prevent harm during the course of his employment.

The claim states as part of his duties at the Lady Loretta Mine, the man was required to pull a tarp over a load of raw materials in a trailer attached to a prime mover, using a winding crank.

He would cover about 24 loads per shift.

The crank was located at the rear of the trailer, at shoulder height to the plaintiff and had worn cogs, which made it difficult to wind.

The claim alleged about 8.30am on November 23, 2019, the man was winding the crank when he felt a pop in his shoulder.

It is alleged the man suffered a subacromial impingement and bursitis with a partial thickness rotator cuff tear and ulnar nerve neuritis.

As a result of the injury the man alleges he suffers chronic pain, decreased range of movement, an inability to perform physical activity, cervical spine pain, decreased shoulder strength, feelings of worthlessness and inadequacy, increased alcohol consumption, depression and disturbed sleep, among other complaints.

In suing for damages, the man alleges that on at least two occasions he verbally told his supervisors that repetitive turning the crank was causing shoulder pain, and the last occasion, the supervisor responded by saying words to the effect of ‘see how you go’.

The claim alleges Wagner Industrial Services failed to properly maintain its equipment, failed to provide the plaintiff with competent or sufficient co-workers to assist in his duties, failed to provide mechanical assistance to wind the crank and failed to provide a proper risk assessment of the repetitive task.

Of the $1.5 million sought, about $105,200 relates to out of pocket medical expenses, about $314,500 relates to past loss of income and $785,800 related to the loss of future income.

The claim was filed in September 2023 and Wagners Industrial Services has filed a mandatory final offer.

Wagners Industrial Services was contacted for comment.