Jondaryan Woolshed taken to court over injuries

A MAN with a severe intellectual disability is suing the Jondaryan Woolshed and the State Government for more than $550,000 over injuries he sustained while performing community service.

The old school house at the Jondaryan Woolshed complex.

A MAN with a severe intellectual disability is suing the Jondaryan Woolshed and the State Government for more than $550,000 over injuries he sustained while performing community service.

The 35-year-old plaintiff from Victoria, whose family requested he not be named, filed a civil claim in the Toowoomba District Court last month.

Court documents showed the complaint related to a 2015 incident on the grounds of the famous woolshed, where the plaintiff was performing community service as part of an “intensive corrections order”.

The statement of claim, submitted by Shine Lawyers, said the man suffered a severe leg injury on September 25, 2015 after falling from the back of a ute while performing a physical task with another worker.

“(The plaintiff) had collected wheelie bins with an employee and placed them onto the tray of a ute to take to a large industrial bin,” the document said.

“After parking beside the industrial bin, the plaintiff and (employee) climbed onto the tray of the ute and emptied the wheelie bins one at a time.”

The claim continued, saying the employee asked the man to jump down from the ute and rerieve the bins.

“When the plaintiff reached the side of the tray of the ute, he jumped towards the ground and as he did so, the sole of his left boot became caught on the lip of the tray causing his leg to twist,” it said.

The document said the man suffered a meniscal tear and scarring to his left knee, along with psychological damage.

It said the plaintiff had been previously assessed as having an “extremely low-range” IQ and an intellectual disability, meaning he was only suitable for manual labour.

The statement of claim argued both the State Government and the Jondaryan Woolshed had failed to identify or properly acknowledge the man’s severe disability, and had not provided “adequate training, supervision instruction and/or direction” to ensure he could safely perform his tasks.

The claim said the injury had left the plaintiff with long-term pain in his leg, as well as psychological trauma that made returning to work impossible.

Shine Lawyers, on behalf of the plaintiff, has asked for $552,588 plus interest, calculating the damages based on long-term pain, past and future economic loss, lost current and future superannuation contributions, as well as current and future special damages relating to medical and WorkCover expenses.

“The plaintiff has suffered past economic loss in the form of income, which, but for his injuries, he would have earned in the amount of $84,586,” the claim said.

“The plaintiff would have earned at least $227 per week working on his sister’s property (and) had it not been for his injuries, the plaintiff would have commenced working as a casual labourer for (another employer) on or around December 2017 and earning an average weekly wage of at least $600.

A compulsory sealed offer to settle was also submitted along with the claim.

Neither the Queensland Government or the Jondaryan Woolshed have submitted a defence or response so far.