Compensation for Coal Miners

Compensation for coal miners

NSW coal miners are exposed to significant risk, including work site accidents and exposure to harmful dust and chemicals. Unfortunately, the risks are increased if work conditions are unsafe or if your employer is negligent. Coal mining injuries can have a profoundly negative impact on your quality of life limiting your mobility, reducing your capacity to earn an income, causing you physical pain and psychological distress. If you’ve been injured on the job as a coal miner, our team of specialist workers' compensation lawyers will help you get the maximum compensation available to you.

Coal Mine Injury Compensation Claims

Coal mining injuries can have a hugely negative impact on your quality of life by limiting your mobility, causing you physical pain and psychological distress. Not to mention limiting your ability to work and support you family.

If you have acquired any kind of illness or injury in a coal mine or on a coal mining site, you may be entitled to compensation.

Some common types of coal mine accidents and injuries include:

Mining Collapse

Mining collapses can occur when the walls and ceiling of an underground mine haven’t been secured properly. This type of accident can cause life-threatening injuries.

Machinery Accidents/Faulty Machines

Many jobs in the mining industry rely on heavy machinery. In the absence of proper training and maintenance, this kind of equipment can put workers at risk of sustaining a range of injuries, including crushed extremities and electric shocks.

Motor Vehicle Accidents

Given the size and power of the motor vehicles often used in mining, even low-speed accidents can cause significant harm to the people involved.

Slips, Trips and Falls

Slips and falls can occur in any mining environment. Common contributing factors for accidents which result in work injury compensation payouts include uneven surfaces and poorly lit workspaces.

Gas Explosions

Triggered by a build-up of methane in underground coal mines, gas explosions can cause burns, broken bones and other devastating injuries.

Chemical Accidents

If not stored or handled correctly, mining chemicals can cause burns, breathing difficulties, and even blindness.

Black Lung, Asbestos Exposure and Other Respiratory Diseases

Even though safety equipment has improved in recent years, miners are still more likely to develop conditions like black lung as a result of being exposed to dangerous materials.

Back, Neck, Knee and Other Physical Injuries

Mining can be a physically demanding job, making workers prone to chronic muscle and bone injuries.

Noise-Induced Hearing Loss Injuries

Many miners struggle with industrial deafness after being exposed to the noise of drills and high-powered mine blasts. Resulting in permanent hearing impairment, this condition can be extremely debilitating.

NSW Coal Miners Insurance

Coal miners insurance, is a specialised coal miner compensation scheme for the NSW coal industry, it is intended to support workers and their families throughout the stages of recovery and return-to-work.

Coal miners and persons working in and about a mine have workers compensation rights which differ to those of other workers. An injured coalminer or a person injured whilst working in or about a mine should ensure that they obtain advice from a lawyer who specialises in this type of work. In general, the injured coal mine worker has the following rights:

  1. weekly payments of compensation, usually until one year after they are eligible for the aged pension.
  2. medical and treatment expenses for the rest of their life.
  3. lump sum compensation for any loss of function or use of the injured body part. The injured coal mine worker is entitled to make more than one claim for lump sum compensation should your condition have deteriorated over time or due to further treatment.
  4. compensation for pain and suffering which you have and will endure.

Common law claims

Further, if your injury was caused by an unsafe system of work you may be entitled to bring a "common law" claim for a lump sum of damages for:

  • pain and suffering;
  • past loss of wages and loss of superannuation benefits;
  • future loss of earnings and loss of superannuation benefits;
  • past and future medical and treatment expenses;
  • past and future care, yard and household duties assistance.

In general, common law claims are worth significantly more money then the claims referred to paragraphs 1 to 4 above.

Time limits

A common law claim must be commenced by filing court proceedings within 3 years from the date of injury. If this time period is not complied with your rights to seek a claim for damages may be lost forever.

Election provisions

If you bring a claim and receive lump sum compensation / pain and suffering compensation as set out in paragraphs numbered 3 and 4 above, you then become ineligible to bring a claim for common law damages.

It is extremely important that you obtain advice from one of Firths specialist workers compensation lawyers before accepting any offer which you may receive from any insurance company.

Firths specialise NSW workers' compensation claims, so call us now on 1800 631 888 for a free workers' compensation claim assessment

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