Wambo coal mine has lost its appeal against a payout for a worker injured on site.
Roche Mining, the operators of Wambo, was ordered to pay casual worker Graeme Jeffs $1.2 million after he fell 2.5 metres from the cabin of a 50 tonne truck in 2003, according to The Herald.
The mining company appealed against the payout, but lost the appeal yesterday.
Jeffs was reportedly unable to work after the fall, after fractures in his pelvis were found.
The Supreme Court ruled that the method for entering the truck was dangerous and the incident was avoidable.
However, Roche stated that they did not breach their duty of care and there were no reports of falls similar to Jeffs prior to the accident.
The judges “concluded that the accident was caused both by the design fault in the access to the driver’s cabin and Roche’s failure to devise a safe system of work to obviate the risk to which it exposed drivers such as Jeffs," Justice Ruth McColl said yesterday.
Wambo is owned by Peabody Energy.