You are protected by strong coal miners' compensation claims
A coal miner or someone who works in and around a coal mine is in a unique position to have substantial workers’ compensation rights that are not available to other kinds of workers.
Workers’ compensation claims for coal miners have not been subject to the reforms made to the workers’ compensation scheme by the NSW Government in 2002 and 2012. Coal miners have also retained valuable common law rights, enabling them to bring action against their employers for injuries sustained as a result of their employer’s negligence. This is meant to enable them to recover proper common law damages, rather than those available under the workers' compensation scheme.
Are you eligible for a coal mine workers’ compensation claim?
Yes. Any coal miner or person injured whilst working at a mine site, is entitled to make a workers' compensation claim. Such claims cover any and all psychological or physical injury, including, but not limited to:
Crush and machinery injuries resulting in amputations, severe trauma or accidents causing disability.
Explosions and underground accidents, resulting in burns, blast trauma and long-term neurological damage.
Falls and structural collapses, caused by slips, falls from heights, roof falls, and tunnel collapses.
Dust-related diseases, such as black lung (coal workers’ pneumoconiosis) and silicosis.
Repetitive strain and long-term overuse injuries
Noise-induced hearing loss
We can help you lodge a coal miner’s injury claim if:
You are unsure whether you have a claim
Have been injured, but do not know where to start
Have previously had a claim successfully prosecuted; however, you did not receive damages commensurate with the injury
You previously had a claim that was denied, and you wish to appeal
What compensation for a coal mine injury are you entitled to?
At Brydens Lawyers, our expert coal mining workers’ compensation lawyers are experienced in claiming the maximum damages you are entitled to, which can include:
Weekly compensation payments (wages) for partial or total incapacity, which can be paid up to one year after the age of retirement.
Medical treatment expenses for the balance of the worker’s life.
A lump sum payment for permanent impairment, together with a further lump sum payment for pain and suffering arising from the impairment or restriction in use of the injured body part.
Additionally, as an alternative to claiming lump sum compensation, an injured coal miner can elect to sue at common law for damages for:
Past and future wage loss
Past and future medical treatment expenses
Loss of superannuation entitlements,
Pain and suffering
Home and vehicle accessibility modifications
Value of either commercial or gratuitous care provided by family members and friends.
A contribution towards your legal costs
Aside from the election provisions, a worker may choose to resolve their claim by way of a Redemption settlement. A Redemption settlement involves a worker negotiating an overall settlement of their claim with Coal Mines Insurance, where the insurer buys out the worker’s future compensation entitlements by settling the claim for a final lump sum. Those monies are tax free. In the event an injured worker elects to finalise their case by way of a Redemption settlement, a number of important matters need to be considered. Those include:
Coal Mines Insurance can not force a worker to settle their claim by way of a Redemption, only the worker can negotiate such a settlement.
A Redemption settlement must be approved by the District Court to ensure the worker understands the nature of the settlement and the court is satisfied such a settlement is appropriately taking into consideration the available evidence. That process involves an application being made to the court and seeking approval after the relevant medical and capacity evidence is provided for consideration.
Once the court approves a Redemption settlement, all statutory workers compensation entitlements cease at that time.
A worker may be precluded from receiving any Centrelink benefits following the payment of their compensation monies under the Redemption settlement.
No two cases are the same and the individual circumstances of an injured worker’s needs has to be considered by our experienced lawyers before expert advice can be provided regarding their available rights.
How our coal mining injury claim process works
Getting started is simple. Brydens Lawyers handles everything; from your first phone call to gathering evidence and ensuring final settlement,so you can focus on your recovery.
Step 1: Free case assessment
Contact us for a free*, no-obligation consultation. We will listen to your situation, explain your rights, and give you a clear picture of what you may be entitled to claim. (*Conditions apply).
Step 2: Lodge and manage your claim
We handle all the paperwork and correspondence with Coal Mines Insurance on your behalf. You won't have to navigate the system alone.
Step 3: Assess your entitlements
Our lawyers will arrange independent medical assessments to establish the full extent of your injury and identify every avenue of compensation available to you.
Step 4: Secure your settlement
We negotiate hard to achieve the best possible outcome. Where necessary, we will take your case to court to ensure you receive every dollar you are entitled to.
Do I have to pay any legal fees for a coal mine worker’s compensation claim?
There are no legal fees payable by an injured worker making a claim for statutory benefits in NSW. In the event of a common law action being prosecuted against the employer, all legal costs and expenses remain the responsibility of the injured miner, to be paid from the proceeds of the claim upon its successful conclusion. You are also entitled to claim a portion of your legal costs from your insurer.
To ensure nothing stops you from defending your rights, Brydens Lawyers works to a No-Win, No-Fee* policy. That means you do not have to pay if we, in the unlikely event, cannot prosecute your claim. Unsure of where you stand? We offer free* initial consultations, allowing you to ask your most pressing questions without obligation.
Act now, time limits apply
Missing deadlines to make a coal mining workers’ compensation claim can affect your rights permanently. You have three years to lodge a claim from the date of your injury or from when you are first diagnosed. Acting early is key; the sooner you act, the stronger your claim. Contact Brydens Lawyers today to ensure your rights are protected.
Speak to a Coal Mining Injury Lawyer Today
