Dozer driver sues for $1.9m after 'violent shaking' injuries
A DOZER driver is claiming $1.9 million in damages after he was allegedly injured while operating a large machine at a Central Queensland coal mine.
Rudolf Palinkas, 63, says he was hurt by while holding the control mechanisms of a Caterpillar D10T dozer as they "shook violently” during a 12-hour overnight shift at Baralaba's Cockatoo Coal Mine in June 2015.
He has lodged a claim for personal injuries and damages in the Supreme Court of Queensland at Rockhampton, alleging a range of injuries which include "musculo skeletal to cervical spine”, right and left shoulder, chest and psychological injuries.
The largest part of his claim is for past economic loss ($600,000) and future economic loss ($1.2m).
Evidence submitted to the court alleges that on the day of the incident he was instructed to use the dozer to push dirt over a short distance after it had been dumped a truck.
The process required frequent and repetitive movement of the dozer, back and forth.
The claim states that while the plaintiff was operating the dozer it was necessary for him to have his hands holding and working the control mechanisms, which were shaking violently with the machine.
"Whilst the plaintiff was operating the dozer in the circumstances where it, and the control mechanisms by which it was operated, shook violently while being operated, the plaintiff sustained personal injury,” the claim stated.
As a result of the injures, he also claims to have suffered loss and damage as follows:
Required hospital medical and surgical treatment.,
Suffered much pain, discomfort and inconvenience,
Been left with permanent partial impairment of his bodily function.
Restricted in his ability to undertake pre-accident sport and recreational activities.
Has lost and will continue to lose some of the enjoyment and many amenities of life.
His claim states that the risk of harm to him was foreseeable and that Cockatoo Coal had failed to provide him with a safe place of work.
Cockatoo Coal was contacted for comment but has not responded.