According to the Sunshine Coast Daily, 44-year-old Leon Scholl’s case was meant for his former employer Environmental Group Limited (formerly called Mine-Assist) but this company was liquidated in June last year.
Scholl reportedly lodged the negligence claim in the Rockhampton Supreme Court.
He claimed that Environmental Group failed to take fatigue-related precautions for his safety including providing a more reasonable roster, fly-in or fly-out options or fatigue risk training.
On the day before the accident, Scholl revealed he started a 1050km long road trip home to Mutdapilly (60km southwest of Brisbane) after finishing his fifth day of consecutive work at 5:30pm.
He is believed to have fallen asleep behind the wheel at about 4:50am the following day and crashed into a power pole on the Warrego Highway near Bowenville.
“His injuries included brain damage, a broken nose, ribs and right leg, a dislocated ankle and a knee injury,” the newspaper reported last week.
“It's alleged that as a result of the crash he lost his sense of smell, developed deep vein thrombosis, has some memory and cognitive impairments and has severe scarring to his face and ankle.
“Scholl is seeking more than $2 million worth of damages for his medical expenses and loss of earnings.”
WorkCover Queensland provides accident insurance in accordance with workers' compensation legislation.