Vanessa Thomas files lawsuit against BMA and Workpac for accident at Goonyella Riverside Mine
A former mine worker has filed a combined $2.6 million lawsuit against Workpac and BMA for a workplace accident – but all parties have different versions of the events.
Rockhampton
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A former miner is suing for $2.61 million for a workplace accident at a Central Queensland mine, however there is a dispute over what actually happened in the incident.
Vanessa Gayle Thomas, 48, who lives in Mount Jukes north of Mackay, was employed by Workpac to work at BMAs Goonyella Riverside mine, Moranbah.
The lawsuit is against two companies, Workpac and BMA, over the incident which occurred on August 3, 2019 around 8.30am.
According to Ms Thomas’ statement of claim, she was directed to stand on the tray of a truck and throw hardwood sticks onto a blast pattern.
Ms Thomas said the sticks were bound together with poly strapping and she had to cut them with a pocket knife.
A bundle of sticks fell, and the driver did a U-turn and slammed on the brakes, Ms Thomas claimed.
According to her statement of claim, Ms Thomas said she was thrown towards the headboard and fell down the stairs on the tray of the truck.
This version of events, however, is argued by Workpac, through its defence filed by Hopgoodganim Lawyers.
Workpac cite an incident report which it claims is “handwritten” by Ms Thomas, dated two weeks after the incident on August 26, 2019.
According to Workpac, the incident report states the sticks fell out, the driver stopped, Ms Thomas opened the gate and when doing so her jacket caught and caused her to fall.
Workpac states in its defence it was not aware of the “new alleged description of the incident” which Ms Thomas used in her statement of claim.
Ms Thomas claimed she, nor the driver, had been trained or instructed on the safe work procedure for the activity.
Workpac however tendered in an exhaustive list of training received by Ms Thomas.
The Queensland Department of Natural Resources, Mines and Energy conducted an investigation into the incident and Workpac and BMA stated it only investigated the ‘incident report’ version of the events.
Ms Thomas claimed she sustained a left elbow injury, right hip injury and psychiatric injury and she has numbness in her left hand, weakness in her left forearm and pain in her left elbow.
Ms Thomas claims she has limited ability for physical activity involving grip strength with her left hand and her injuries are exasperated by lifting and carrying heavy objects, forceful and repetitive use and vibration.
The initial lawsuit is for $1,390.416.55 against Workpac and $1,222,888.55 against BMA.
Workpac has knocked back the lawsuit, stating the “amount claim is excessive and contrary to medical evident”.
BMA has also denied many of the claims and states Ms Thomas only sustained a soft tissue left elbow injury and she has a longstanding history of neck issues from a previous motor vehicle accident and has a central nervous system disorder.
Final offers have been submitted.
All parties declined to comment.
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