Construction worker suing for $1m over severed thumb
A KOREAN woman is suing for more than $1 million after her thumb was severed at a construction site when a door allegedly slammed in strong winds.
Young Sil Jo, 25, worked as a tiler during construction of the Miami Ice residential tower and now claims she struggles using her left hand and can no longer work full-time.
In documents filed in Southport District Court last month, it is alleged strong winds caused the unlocked door to slam as she was carrying items to the eighth floor, severing the thumb on her dominant hand.
It is alleged prior to the incident she was not warned of the windy conditions and claims the door was not properly secured.
She claims she suffered a crush fracture to the thumb and disfigurement to the hand.
Documents state she has since moved back to Korea for further treatment.
Ms Jo wants more than $500,000 from her then employer Sun Gold Tile Pty Ltd (negligence and/or breach of contract) and McNab Developments (negligence) who was in charge of construction and design of the building.
In court documents she alleges she experiences difficulties with her left hand which has limited her work and claims that had she continued as a tiler she could have gained permanent residency.
Ms Jo has accused McNab Developments of exposing her to risk of injury and failing to take precautions for her safety given the conditions.
Further, she alleges the company failed to ensure the door fixture was working correctly.
She accused her former employer, Sun Gold Tile, of exposing her to injury, failing to conduct an "adequate risk assessment" and a warning of the risks associated with the task.
She further alleges Sun Gold Tile did not ensure the steel door lock was properly engaged.
In a notice to defend filed last week, McNab Developments claims all workers were warned about the strong winds and were told to keep doors closed to prevent potential slammings.
McNab Developments conceded the woman suffered a crush fracture to the left thumb but denied she suffered disfigurement as it was not supported by medical evidence.
They passed the buck to Sun Gold Tile, stating it was responsible to ensure the safety of its workers and even pointed the finger at Ms Jo accusing her of failing to "exercise caution" when she knew of strong winds.
McNab Developments slammed the damages sought as "excessive" and stated there was no evidence to suggest she would have been granted a second-year work visa, or permanent residency.
Sun Gold Tile has not filed a defence.