A central Queensland grandfather has lodged a $3.2 million lawsuit against a cement company, claiming he was permanently injured when a battery pack exploded in his face.
Lawyers on behalf of Tannum Sands man Michael Bernd Schneider, 56, have filed the personal injury claim in the Supreme Court in Rockhampton, alleging Cement Australia was negligent and breached its duty of care in relation to the 2017 incident at a Mount Larcom mine site in central Queensland.
According to the statement of claim, Mr Schneider was attempting to jump-start a water truck at the site when the right-hand side of a battery within the battery pack exploded causing him to be "struck with acid".
It claims the battery pack was owned by Cement Australia and had been made available for him to use when he was working as a diesel fitter, with a contract to provide services to the cement company.
It is alleged Mr Schneider suffered serious injuries to his cervical spine, and eighth cranial nerve, as well as an injury to his eyes at the East End Mine, an open-cut limestone and clay operation.
He also suffers from ongoing injuries including tinnitus, a balance disorder, impaired vision, post-traumatic stress disorder, and major depressive disorder, as well as permanent impairment of function, according to the statement of claim.
Grandfather nearing retirement age
Rebecca Ballantyne from Shine Lawyers is representing the 56-year-old who, she said, now needed a range of therapy and treatments such as botox injections, as well as ongoing care from his wife.
"Our client should have been able to see out the final years of his career before retirement," Ms Ballantyne said.
The ABC has contacted Cement Australia for comment.
The claim argues that Cement Australia failed to provide Mr Schneider with a safe place to work, a safe system of work, as well as failing to properly service the battery pack to prevent corrosion among other claims.
"It's likely that he's not going to be able to return to this type of work in the future, or potentially any work in the future," Ms Ballantyne said.