Miner sues after losing leg

A CAPRICORN Coast miner is suing for more than $2m after doctors were forced to amputate his lower right leg following a horror mining incident.

A claim lodged this week with the Supreme Court at Rockhampton says a fellow miner drove over the man's foot with an EIMCO (heavy piece of mining machinery) while working underground at the Cook Colliery, Blackwater.

The injuries, which include severe phantom pains in his right lower limb, have had a major impact on his life, curtailing what he can do and restricting future earning capacity.

The claim says the injured man, who The Bulletin hasn't identified due to the nature of some of the injuries he suffered, was employed as a mine driver when the incident happened about 9.40am on May 3, 2008.

He has taken legal action against the mine's operators, CC Pty Ltd, the man who ran over his foot and the contract company this person worked for, DJT Enterprises, as well as the company which provided the on-site supervisor, Inseam Mining.

The Bulletin was unable to contact any of these parties yesterday.

Breaches of alleged negligence, detailed in the claim, include:

The mine operator for allegedly failing to provide adequate training on how to move safely within the accident site and how the EIMCO was to be safely moved;

The machine's driver who it's claimed acted recklessly in reversing the EIMCO in circumstances where he was unable to see behind the machine. He also did not provide a warning and travelled at an excessive speed for the circumstances; and

The company who employed the supervisor who allegedly failed to carry out a risk-assessment of the site, including the depressions in the ground surface and slope of the ground.

The claim says the accident site was dark and the machinery was not fitted with any reverse or change of direction alarm

The claim includes nearly $1m in lost future earnings, $150,000 for pain, suffering and loss of amenities of life and more than $200,000 for future domestic care.