Liam Bates sues Mackellar Mining, Aurizon, Ergon for electric shock at Blackwater in 2018

An injured Central Queensland diesel fitter who sustained an electric shock at work, and had to be revived three times, has filed a multimillion dollar lawsuit against his employer and other companies.

A Central Queensland tradie who sustained an electric shock at a Blackwater worksite and hospitalised in Brisbane for more than a week has filed a multi-million lawsuit for the pain and trauma he alleges he suffered, and still does, three years on.

Liam Bates, who is now 27, a father of two and residing in the Mackay region, was employed by Mackellar Mining as a diesel fitter.

On the morning of March 22, 2018, he was with a colleague at a worksite paddock on Ardurad Road, Blackwater, where they were moving a bulldozer blade.

A colleague was operating a mobile crane which the blade was suspended from.

Mr Bates alleged in the statement of claim he was walking backwards, watching the blade, when the boom came into contact with the above power lines and a “flashover phenomenon occurred”.

Mr Bates suffered electric shock and his colleagues immediately began CPR while they waited for an ambulance to arrive.

He was rushed to Blackwater Hospital and then taken to Royal Brisbane and Women’s Hospital where he underwent surgery and stayed for eight days.

Liam Bates spent eight days in Royal Brisbane and Women's Hospital after he was electrocuted.

His injuries included an electrical burn to his right hand and sensory damage to his feet

He underwent surgeries and physiotherapy and claims he still suffers from disturbed sleep and post-traumatic stress disorder.

Mr Bates spoke to this publication in 2018, just after he returned home from hospital.

“At that point I was being shocked, the shocks went right through my body until it blew out of my feet and earthed onto the ground,” Mr Bates said at the time.

“I had already collapsed and was laying on the ground but I remember right up to the last minutes before my eyes shut.

“My mate who was driving the crane revived me three times before I came back to it and then a burning sensation came over me.”

Mr Bates has filed the lawsuit against his employer Mackellar Mining, Aurizon Property that owns the land where the incident took place, and Ergon Energy, as the owner of the power lines.

According to the statement of claim, the power lines were not fitted with tiger tails, marker balls or any similar device to warn of their presences.

The statement of claim cites two previous incidents which took place in the vicinity of the same power lines.

In 2014, the boom of a crane came into contact with the power lines and blew four tyres.

In 2017 a tipper truck came into contact with the power lines.

Mr Bates alleges Ergon Energy was aware the power lines in question caused a risk of danger, given the previous incidents.

In its defence to the lawsuit, Ergon Energy accepted the previous incidents did occur.

Mr Bates is suing the three parties for more than $2.5 million, including $174,689 for past wage lost and future wage loss of $1,651, 500 until retirement age at 67.

Annaliese McDonald and Liam Bates at CMC together.

He has also claimed expenses for past and future care and assistance from his fiancee, Annaliese McDonald.

The initial lawsuit was filed with the Rockhampton Supreme Court in August by Travis Schultz and Partners.

Defences from the three parties were filed this month and last month.

Brisbane firm BT Lawyers submitted a defence on a behalf of Mackellar Mining, stating Mr Bates should have kept a lookout for the power lines and the injuries were “solely caused” by himself.

Mackellar go on to argue the power lines were obvious and Mr Bates had been warned about them and knew they were there.

Mackellar also argues some of his injuries have resolved and he does not have permanent damage.

Carter Newell Lawyers, Brisbane, has filed a defence for Ergon Energy.

Ergon states the minimum vertical clearance of power lines other than roads must be 5.5 metres and the powerlines in question were 6.1 metres.

Ergon states Mackellar was responsible for its employees complying with a safe system of work.

As previously argued by Mr Bates, the power lines was not fitted with any signage.

Ergon states there was no need to place additional signage on the power lines and any signage would not have prevented the incident.

Ergon has also disputed some of the medical claims.

All parties were contacted for comment however declined to do so as the matter was still before the courts.

A mandatory final offer was submitted in September.