Melbourne man pursues legal action against employer after suffering severe burns in workplace accident

A Melbourne man is taking legal action against his former workplace after he sustained second-degree burns when a gas-fuelled torch blew up in his face.

September 15, 2023 started out as a normal Friday for tradie Khaileb Ziday.

The 27-year-old from the northern suburbs was working on a Bendigo site for Solidity, a screw piling company which manufactures and installs steel poles used during the construction of building foundations.

He had been tasked with cutting down about 230 of the piles, or steel posts, that had been installed.

Ziday was using an oxy acetylene torch, which is a device that uses oxygen and gas to weld or cut metals.

The flame produced by the torch can heat up to more than 2000C.

Ziday was halfway through the job when the torch ran out of oxygen, a problem that should have been an easy fix.

It was anything but.

“I took the old (oxygen) bottle out, put a new one in ... just opened up the valve ... (and) pretty much a fireball came out and blew out my face,” Ziday told 7NEWS.com.au.

He suffered burns to his lower stomach, right hand, forearm and some of his face.

“I felt a hot pain around my stomach, I thought I was on fire,” Ziday said.

“I literally pulled my shirt off which I thought was burning and the only thing I had on me still were my gloves. One of them was burnt from the fireball.”

Ziday was rushed to hospital where he was treated for second-degree burns.

He was discharged after several days but had to wear special burn bandages and padding for several weeks.

In total his recovery took about two months and he has been left with scarring.

While Ziday did return to work for Solidity, he was terminated in June of this year due to ongoing problems with his hearing — which Ziday says worsened due to the accident.

He is now pursuing legal action against the company, with his lawyers investigating if there was any negligence.

Ziday claims the company was not following proper safety procedures in the lead-up to the accident and had not listened to concerns from workers that had been brought up several times.

“We (were) only using leather gloves, used for gardening, we’re meant to be wearing welding gloves,” he said.

“We didn’t have the proper goggles either.”

It was only after Ziday’s accident that the company changed some of the safety procedures, he said, but it was too little too late.

“If they’d (done) that sooner, I wouldn’t have as many burns,” he said.

Ziday’s solicitor Cedrick Rwabutozi from Shine Lawyers is also looking at whether proper training was provided.

He said the accident has not only left Ziday physically scarred but mentally as well.

“We’re investigating whether the equipment was in proper working condition, or if there was a fault which caused the torch to explode so violently,” Rwabutozi said.

“We’re also looking into whether Khaileb was provided with adequate safety equipment, and training.

“Employers have a duty of care to ensure their workers are properly trained and potentially dangerous equipment is kept in the best possible condition to prevent injuries on the worksite.

“We’ll be looking to ensure that if this was due to negligence that the employer is held to account and Khaileb is properly compensated.”

In a statement to 7NEWS.com.au, Solidity said it had co-operated with WorkSafe during its investigation and “resolved the matter”.

“Solidity has cooperated with WorkSafe during an investigation and resolved the matter to the assigned inspector’s satisfaction,” it said.

“Solidity has always been committed to the safety and welfare of all employees, and rigorously reviews and refines its processes and policies to enhance awareness of all types of safety hazards within the workplace and to mitigate risks.

WorkSafe said its inspectors “took action to ensure health and safety obligations were being met”.