Jak Quinn Swayn files damages claim against Anglo Coal

A trades assistant turned convicted drug dealer has filed a huge damages claim against a global mine giant after an alleged injury at an underground mine.

A trades assistant turned convicted drug dealer has filed a damages claim totalling more than $940,000 against a global mine giant after a large rock allegedly fell up to 30 metres striking him on the head at a Central Queensland underground mine resulting in a traumatic injury.

Jak Quinn Swayn, of Yeppoon, was working as a trades assistant with Downer EDI Mining Pty Ltd at Moranbah North mine when he alleges the injury occurred on March 24, 2019 on the back of other similar incidents involving falling debris.

Court documents filed in the supreme court alleged the 27 year old had completed a pre-start meeting, picked up his equipment and was required to go to a toolbox meeting at the west end of the wash plant.

Jak Quinn Swayn had been working as a trades assistant in the mining industry.

He alleges it was common for workers to walk under the conveyor, about 20-30 metres above, that was transporting coal and other debris, and that Anglo Coal should have been aware of this.

On this day Mr Swayn says he “was required” to walk under the conveyor and as he did so a large rock fell and struck the top of his head.

“The rock struck (Mr Swayn) with such force that it cracked his safety helmet,” the documents stated.

“(He) suffered instant dizziness, disorientation and immense pain, particularly in his head, neck and down his spine.”

The documents allege there was “other debris falling from the conveyor, even in the moments after (Mr Swayn) removed himself from the area”.

It was further alleged there had been “at least three other incidents involving debris falling from the conveyor in the months” before the incident.

He alleges the incident occurred at Anglo’s Moranbah North underground mine. Picture: Zizi Averill

“Workers had complained about the safety issue at pre-start meetings, including on the date of the incident,” the documents allege.

“To (Mr Swayn’s) understanding, coal and other debris was becoming clogged at some point on the conveyor causing debris to deflect and spill over the sides of the conveyor and fall to the ground.”

He alleges his injuries include a traumatic brain injuries/closed head injury including migraines and blurred vision and injuries to his cervical, thoracic and lumbar spine, bilateral shoulders and a psychiatric injury.

He further alleges he suffers depression and anxiety, difficulties with memory, pain, tenderness, stiffness and restricted movements in his neck and spine, pins and needles in his forearms and abnormality of stance.

Mr Swayn has started a damages claim against Anglo Coal (Moranbah North Management) Pty Ltd totalling more than $941,719.24.

This figure does not include past wages and superannuation loss, special damages, past and future care expenses, plus interest and costs.

He is suing Anglo Coal for more than $940,000. Picture: Tara Miko

His allegations include that Anglo Coal failed to implement any or any adequate measures to ensure he “was not exposed to a risk of injury by debris falling from heights”.

He also alleged Anglo Coal failed to ensure that debris was adequately secure on the conveyor, that the conveyor did not become clogged or install any or any adequate rock deflection guard.

“(Anglo Coal) failed to implement the above measures when it knew or reasonably ought to have known that there had been a series of other incidents involving debris falling from the conveyor and that the conveyor would clog causing debris to deflect and spill over,” the document alleges.

Mr Swayn was a prisoner at Capricornia Correctional Centre during part of his claim process – in June 2021 he pleaded guilty to charges including supplying dangerous drugs, aggravated drug possession and was jailed for six years with parole eligibility in December that year.

This publication contacted Anglo Coal for comment. The company declined because the matter is currently going through the court process.

Originally published as Jak Quinn Swayn files damages claim against Anglo Coal