What is coal miners compensation?
Working in a coal mine exposes you to a huge range of hazards that can negatively impact your health. Because of this, coal miners have a specific workers compensation scheme that allows them to claim greater benefits than other workers.
Am I entitled to coal miners compensation?
If you become injured or ill while working in a coal mine, you may be entitled to compensation. This also applies to situations where your condition is exacerbated by work.
A coal miners compensation claim is not just limited to employees of the mine. The following people may also have a claim, even if their jobs do not directly relate to coal mining:
- Contractors or third parties working on the mine.
- Repair workers and maintenance staff engaged by the mining company.
- Anyone charged with the care of an active or inactive mine.
This is by no means a complete list. If your injury or illness happened because of working in a coal mine, you may be eligible to claim.
What injuries or illnesses qualify for a claim?
Any injury caused or made worse by working in a coal mine may qualify for compensation. This includes:
- Dust diseases: consistent exposure to asbestos, coal, and silica can cause diseases like occupational asthma, silicosis, and ‘black lung’ (also known as coal workers pneumoconiosis or coal miners lung).
- Hearing loss: this covers any noise-induced hearing loss, such as tinnitus, industrial deafness, and acoustic shock.
- Slips, trips and falls: poor lighting, cables, and machinery can all pose slip and fall hazards.
- Body stressing or musculoskeletal disorders: this includes back injuries and strains from lifting heavy objects, osteoarthritis, and repetitive strain injuries like carpel tunnel syndrome and bursitis.
- Chemical exposure diseases: the chemicals used to process ore can cause burns and other serious physical harm.
- Injuries caused by moving objects or high-risk machinery: these vary widely and can include crushing injuries, electrocution, burns and fractures.
- Mine collapse: not only is this likely to cause severe physical injury or death, but mine collapses can result in psychological issues like PTSD and depression.
How much compensation will I get?
The amount of coal miners compensation you can claim depends on the specific facts of your case and the state you live in.
Generally speaking, you will be eligible for weekly payments to cover:
- Lost wages and superannuation (usually paid until one year after you reach pension age).
- Lifetime hospital and medical expenses.
Permanent impairment claims
If your work in a coal mine has resulted in permanent impairment, such as loss of limb or bodily function, you could qualify for an extra lump sum payment.
Unlike workers in other industries, coal miners don’t need to meet a minimum percentage of permanent impairment to receive compensation. The only exception is for industrial deafness claims, where minimum percentages of hearing loss apply.
If your condition continues to deteriorate, you may be eligible for additional lump sum payments.
Redemption settlements
The insurer may offer you a ‘redemption settlement’ during the claims process. This tax-free lump sum payment is based on how much you earned before your injury.
Redemption settlements are only offered once your condition has stabilised, meaning it’s unlikely to change with time or further medical treatment.
Before accepting a redemption settlement, it’s important to consult an expert lawyer. Once you accept the offer, you can’t reopen your compensation claim and will no longer receive weekly workers compensation payments.
Do time limits apply to my claim?
Time limits apply to all coal miners compensation claims.
Generally speaking, you must report your injury or illness to your employer as soon as possible. You’ll then need to file your claim within your state’s time limit. For example, in NSW and Queensland, you have 6 months to file your claim.
If you’re outside your state time limit, there are still options — just speak to a lawyer immediately. Over the years, we’ve helped hundreds of clients get their delayed claims approved.
What if my employer was negligent?
You may be eligible for a common law damages claim if your injury or illness was caused by hazardous work conditions, lack of training, or any other form of employer negligence.
A common law damages claim offers more than just basic workers compensation payments. You may receive a lump sum worth hundreds of thousands or even millions of dollars.
Am I eligible to claim common law damages?
You must meet three basic criteria to make a successful common law damages claim:
- You were injured at (or because of) working in a coal mine.
- Your employer’s negligence caused your injury.
- You’ve suffered a ‘loss’ due to your injuries, e.g. lost wages or medical expenses.
Examples of employer negligence
‘Negligence’ is when an employer fails to create a safe working environment. It covers a broad range of actions (or inactions), including:
- Not providing protective clothing, footwear, or safety equipment.
- Allowing workers to perform heavy or repetitive lifting.
- Wet or slippery floors causing slip and fall injuries.
- Insufficient supervision or training.
- Inadequate emergency response plans.
- Bullying and harassment leading to psychological injuries.
- Psychological damage from exposure to traumatic events.
- Permitting workers to use unsafe equipment or machinery.
- Lack of proper mine ventilation.
- Improper mine support and maintenance.
How much compensation will I get?
Common law damages claims can lead to substantial lump sum payouts. Your exact compensation depends on many factors, including:
- How severely you’re injured.
- If the injury affects your ability to work.
- Your future work capacity and employability.
To learn more about how much you could receive, head to our complete compensation guide.
Do time limits apply to my common law damages claim?
Time limits apply to all common law damages claims. The exact limit depends on the state you’re in.
For example, in NSW, you have 3 years from your injury date to start a claim. If you’re in Victoria, this increases to 6 years.
If you’re outside the time limit, you must provide a reasonable excuse for the delay. This may include:
- Your injury had not stabilised before the time limit.
- You didn’t know you had a common law damages claim.
- Your injury worsened over time.
Do I need a lawyer for a coal miners compensation claim?
While it’s possible to file a coal miners claim on your own, we strongly recommend seeking expert legal advice first. The laws around coal miners compensation are complex, and without an experienced lawyer, you might not receive the full compensation you’re entitled to.
A specialist lawyer can assist with every aspect of your claim, including:
- Initial Consultation: A lawyer will evaluate whether you have a claim, your potential compensation, and your chances of success. At Monaco, we offer free consultations, making it easy to understand your entitlements.
- Negotiations: Insurers have large legal teams, and facing them can be intimidating. With a lawyer on your side, you won’t have to deal with insurers directly. Your lawyer will handle all negotiations and work to secure the best outcome at every stage of your claim.
- Delays: Insurers often delay or deny claims on unreasonable grounds, especially for unrepresented claimants. A skilled accident lawyer understands these tactics and knows how to counter them, ensuring your claim is processed and approved faster.
- Medical Evidence: Your lawyer will gather robust evidence to support your claim, including medical tests and expert reports. Unfortunately, insurers often insist on tests conducted by their own doctors. Your lawyer will ensure you only undergo necessary tests and will challenge any medical evidence presented by the insurer.
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