Liam Robert Quinn files lawsuit against Programmed Skilled Workforce, Bundaberg Sugar

A Central Queensland farm labourer who slipped and fell from a tractor has been accused of injuring himself by his own negligence.

A Central Queensland farm labourer who slipped and fell from a tractor has been accused of injuring himself by his own negligence.

Liam Robert Quinn has filed a $824,251.54 lawsuit in the Rockhampton Supreme Court against his employer Programmed Skilled Workforce and Bundaberg Sugar, that occupied a property at Quanaba Farm on Grange Road, Quanaba.

The 25-year-old Benaraby man worked as a field hand at the property in the Bundaberg region for three months from August 19, 2019 to November 19, 2019.

Mr Quinn claimed in his Statement of Claim he was required to operate a John Deere tractor to undertake spraying while planting ginger in the field on August 27, 2019 and could see the lid on the spray tank was not properly secured and that chemicals were spilling out.

He claimed, as he was in the field, the only way to access the spray tank was to climb over the tyre and wheel arch of the tractor, which he did and secured the lid to the spray tank.

However, as he was returning to the cabin, he slipped, stumbled and fell backwards off the tractor.

Mr Quinn claimed he had previously seen supervisors and employees access the spray tank by climbing over the tyre and wheel arch of the tractor and that he did it how he had previously been shown.

Mr Quinn claimed he suffered multiple lower back injuries, a right shoulder injury and a psychiatric injury.

He claimed both Programmed Skilled Workforce and Bundaberg Sugar failed to provide a safe system of work to access the spray tank, according to court documents.

Mr Quinn claimed he was unable to return to his usual duties of operating and farm work due to his injuries and was no longer suited to working as a field hand and tractor operator.

He claimed his injuries impacted upon employment that required him to be on his feet, climbing activities, bending and lifting activities, getting into confined spaces and awkward positions and he was better suited to light physical or sedentary work.

BTLawyers has filed a defence on behalf of Programmed Skilled Workforce, arguing Mr Quinn did not attempt to access the spray tank in the manner alleged in his statement of claim and that he was not accessing the spray tank when he fell.

Programmed Skilled Workforce argued in the court documents that Mr Quinn attempted to descend from the tractor to the ground using the steps, without climbing over the tyre and wheel arch, and either slipped on the second step and fell backward as reported by Mr Quinn on August 28, 2019 or intentionally jumped from the second last step and landed awkwardly on the ground, as reported by Mr Quinn’s supervisor who witnessed the event.

The employment agency stated inquiries revealed Bundaberg Sugar implemented a system that provided the spray tank was not accessed in the field and that if there was a problem, the tractor was to be returned to the pump shed where the spray tank would be accessed from a suitable platform.

The employment agency stated it was not foreseeable that Mr Quinn would sustain injury in the manner alleged or that he would attempt to access the spray tank by climbing over the wheel of the tractor because there was no reason for him to attempt to do so.

Bundaberg Sugar argued that Mr Quinn’s signed version of events were inconsistent with what was alleged in his statement of claim, in a defence filed by HBM Lawyers.

The company stated the spray tank was not to be accessed in the field and that Mr Quinn’s alleged actions were unnecessary and contrary to the proper procedure of accessing the spray tank at the pump shed.

The company stated Mr Quinn stopped the tractor after having been advised of an issue with a spray nozzle on the mechanical planter, descended the first two steps and then jumped backwards and may have stumbled on landing but did not fall to the ground.

The company denied the lid to the spray tank was improperly secured and that chemicals were spilling out, according to court documents.

The company stated Mr Quinn received an appropriate induction, training and instruction and was not instructed to access the spray tank in the alleged manner, nor were any supervisors or employees.

The defending companies argued Mr Quinn’s injury was because of his own negligence.

The defending companies also disputed the injuries.

Programmed Skilled Workforce stated Mr Quinn had a pre-existing back condition prior to August 27, 2019 and that any incapacity for work he suffered was unrelated to the incident alleged in the Statement of Claim and was the consequence of the pre-existing back condition.

A final offer has been submitted. A notice claiming contribution was also submitted by Programmed Skilled Workforce on Bundaberg Sugar.

Programmed Skilled Workforce and Bundaberg Sugar were contacted for comment but did not respond by time of publication.