Heavy worker sues
A 135kg plant operator is suing the Gold Coast City Council for $750,000 after allegedly injuring his back driving an excavator made for a lighter person.
In legal action lodged with the Southport District Court this week, Sylvester Tyrone Cook, 57, of Highland Park, claims he injured his back on the job when driving a backhoe over a speed hump in 2014.
The statement of claim alleges Mr Cook was not given any training in using the backhoe and had not driven a mechanical excavator before being asked to move the vehicle at the Helensvale council depot three years ago.
Mr Cook alleges the jolting of the suspension coupled with crossing a “traffic calming device” caused him to bounce upwards and “hit his head on the ceiling of the cab” causing injury to his lower back, includ- ing a disc injury. The statement of claim says Mr Cook now suffers from adjustment disorder and mixed anxiety and depressive mood as a result of the accident.
He claims the seat in the cab of the backhoe was specified for people weighing 50-120kg. Mr Cook weighed 135kg at the time.
The claim states Mr Cook continues to suffer “severe” lower back pain.
It said many of Mr Cook’s “former activities” have been “diminished or lost” and he has trouble sleeping and requires analgesic medications.
Of the $750,000 sought, Mr Cook is asking the council for more than $31,000 in general damages and $380,900.25 for future loss to earning capacity, claiming they breached their employment contract by failing to provide a safe system of work.
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