A CENTRAL Queensland miner claims a defective water truck caused him to suffer severe spinal injuries that have forced him out of the profitable industry.
Wade Anthony McGovern, 31, is suing management at Anglo Coal's Callide Mine for nearly $1.65million, after an incident in April 2009.
A claim lodged with the Supreme Court at Rockhampton on behalf of Mr McGovern states he was the operator of a Caterpillar water cart at the mine.
It said the truck required its engine to be operated at a high number of revolutions per minute to ensure a constant stream of water was delivered.
Because of that requirement, it needed to be driven more quickly than otherwise would have been the case and that was inappropriate for the terrain upon which it operated.
"The driver's seat of the truck would regularly top out while driving over rough roads, causing sudden and severe jarring to the driver," the claim said.
"Towards the end of the plaintiff's shift (he) noticed pins and needles down his right and left sides as well as low back, mid back and neck pain.
"After completing his shift the plaintiff returned home and while showering he experienced excruciating pain in his back and tightening or cramping of the muscles in his spine and legs."
The claim detailed injuries which include pain, stiffness and a loss of range of motion through his spine and legs.
"The plaintiff's neck is stiff and held in a slight torticollis facing to the right ... his legs are carried in a flexed position and he drags his right leg.
"As a result, he will not be able to return to his employment or undertake other employment for which he is experienced or qualified.
"In view of the functional limitations caused by his injuries he is unlikely to secure employment for the balance of his working life," the claim states.