The worker suffered injury as a result of negligence
In a recent case, the Supreme Court of Queensland awarded nearly $1.5m in damages to a Queensland worker, who suffered a debilitating injury as a result of his employer’s negligence. The case serves as a reminder to employers to ensure safety protocols are implemented and consistently monitored in the workplace.
Background
Jamie Tyndall was employed as a machinery operator with Kestrel Coal Pty Ltd (“Kestrel”), commencing in September 2011. From September 2015 to March 2016, Tyndall worked as a loader driver, which involved operating a machine that cut, collected and relayed coal onto a shuttle car. Tyndall described the loaders as “bouncy” and said that their vibrations ran through his entire body like a constant “buzz”.
In early March 2016, Tyndall began experiencing pain and discolouration in his left ring finger, weakness in his wrist, and extreme pain whenever he bumped his hand. After visiting a medical centre and a hospital, Tyndall was diagnosed with vibration-induced “white finger syndrome”, which affects the blood vessels, nerves, muscles, joints and connective tissue in the hand, wrist and arm. Within weeks, Tyndall lost the use of his left hand. He resigned from his employment in February 2017 and filed an injury compensation suit in March 2019.
The Hearing
Kestrel submitted that, rather than vibration, Tyndall’s injury was caused by several other factors, including his prolonged heavy smoking, pre-existing anxiety, exposure to vibration during his previous employment, and pre-existing Buerger’s Disease.
Several expert witnesses presented conflicting opinions as to the cause of Tyndall’s injury. Ultimately, Justice Crow preferred the evidence of Dr Quinn, a vascular and endovascular surgeon, who opined that heavy vibrational forces caused repeated micro-trauma to his hands. Dr Quinn also opined that Tyndall’s condition was unlikely to improve significantly.
Judgment
Justice Crow found that Tyndall’s injury was caused by prolonged operation of the loaders from September 2015 to March 2016. He also found that Kestrel had actually foreseen this issue. Conscious of its WH&S obligations, Kestrel engaged an outside company to assess the loaders, which recommended that operation be limited to less than two hours per shift. Despite this, Tyndall had operated the loaders for between seven and nine hours per shift.
With this, Justice Crow found Kestrel to be in breach of its duty to Tyndall. He also held that, had limitations been imposed, it is “more likely than not” that Tyndall would not have suffered his injury.
The Court awarded $1,483,318.57 to Tyndall, which included $875,000 in future economic loss.
Key Takeaways
- Employers owe a duty of care to provide a safe workplace for employees
- Employers should ensure safety protocols are observed and regularly monitored
- Employers should ensure third-party recommendations made regarding workplace safety are promptly implemented
