Summary:
Carbone Lawyers has obtained a significant out-of-court settlement for a worker who suffered catastrophic, life-altering injuries when a metal drum he was working on exploded.
Key Points:
- The Plaintiff was instructed by a supervisor/contractor to use cutting equipment on a large metal drum that had previously contained highly volatile chemicals (thinners).
- The drum exploded, causing the Plaintiff to lose consciousness and resulting in the complete loss of his eye.
- The Plaintiff sued his employer and the contractor under common law for negligence and breach of statutory duty.
Case Details:
The middle-aged man had been employed as a full-time welder for several years. His daily duties included general workshop maintenance, such as welding, grinding, turning, and repairing shipping containers.
On the day of the accident, he was instructed by a colleague, identified as a contractor acting on behalf of the employer, to perform a specific, high-risk task: cutting into a large metal drum using a welding or cutting torch. Critically, the drum had previously been used to store thinners—a chemical solvent known for its high flammability and volatile vapour.
Due to the lack of proper cleaning, ventilation, or adherence to safety procedures, residual chemical vapours were present in the drum. As the Plaintiff began cutting into the metal surface, the vapours ignited, causing a catastrophic explosion directly in front of him.
The force of the blast caused immediate and severe trauma. The worker lost consciousness and was rushed to the hospital in an ambulance. The devastating result of the incident was the loss of his eye. The injury permanently altered his ability to work or live independently.
Carbone Lawyers, acting on behalf of the worker, brought an action against his employer and the instructing contractor, alleging gross negligence and breaches of the state’s Occupational Health and Safety Regulations. The claim argued that the employer failed in its non-delegable duty to provide a safe working environment, proper instruction, and adequate training, explicitly citing the hazardous nature of cutting into a container that had previously held volatile substances. The claim sought damages for past and future loss of earnings, loss of earning capacity, and loss of superannuation contributions, given that the worker was rendered incapable of continuing his employment.
Outcome:
Following the initiation of the common law claim, the defendants (the employer and the instructing contractor) did not proceed with a full legal dispute. They formally accepted the Plaintiff’s account of the incident and granted the necessary certificate for common law damages. This acceptance of liability allowed the matter to be resolved quickly and efficiently through negotiation, before the injured worker was required to file a formal statement of claim or proceed to the litigation stage.
The parties reached a final seven-figure settlement in damages. This figure reflected the catastrophic and permanent nature of the Plaintiff’s injuries, which resulted in partial blindness and loss of earning capacity.
**Some details have been altered or omitted to protect the identities of the parties.
