Labour hire, so more than likely hes an employee of the contractor to the mining company.
Assuming that the old bloke he was helping had done all the safety checks and the water still wasnt off, could be a faulty piece of machinery. Would then be more of an insurance payout via accident. But they would still first need to assess what steps the old guy did to ensure it was done right.
The lawyers will argue though, that if the old guys hasnt followed the correct safety procedures negligences falls on the employee which would still make the company liable. Pending he wasnt working as a labour hire as well
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