A former boilermaker has been awarded more than $800,000 after crushing his foot while working at Queensland mine site.
The Supreme Court of Queensland heard Scott William Pollock has been left with ongoing pain and a reduced capacity to work after a tub plate that weighed 150 kg fell on his foot.
The accident happened in April 2010 while Pollock, 26 at the time, was working as a contractor at an unnamed mine site.
Pollock was employed by a labour hire company which is now in liquidation.
As a result, the claim was made against WorkCover Queensland, Thiess and the company which hired Pollock's employer, Australian Bearings.
Justice Duncan McMeekin said the three defendants accepted liability for the injury and it was his job to determine the appropriate damages.
He said Pollock suffered a Lisfranc fracture of the right forefoot, as well damage to the surrounding soft tissues as a result of the accident.
Two surgical procedures were undertaken after which Pollock could not bear weight on the injured foot.
Pollock was required to wear a “moon boot” and needed the assistance of his partner with some aspects of daily life.
Justice McMeekin found that while Pollock described his ongoing pain as 7 out of 10, the pain “is at a much lesser level than a 7/10 assessment would suggest”.
However, the judge found the impact of the injuries and their consequences on Pollock have been “quite serious”.
The court heard Pollock is restricted in his daily activities and that his ability to work as a boilermaker have been impacted as he cannot climb ladders, walk on uneven ground or carry heavy weights.
Pollock’s ability to engage with his three children has also been affected.
Justice McMeekin ordered $865,158.88 in damages be paid to the plaintiff, taking into account his past and future economic loss.
Pollock is now working as an industrial sales representative.