Coal Miner Employee Injuries

A coalminer, someone who works in or around a coal mine, is in a unique position of having available to them substantial workers compensation rights not enjoyed by most other workers. Coal miners workers compensation claims have, generally speaking, 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 common law actions as against their employers for injury sustained as a result of the employer’s negligence, so as to enable them to recover proper common law damages as opposed to those damages otherwise available under the workers compensation scheme.

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ARE YOU ELIGIBLE
TO MAKE A 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 all and any psychological or physical injury.

WHY ARE BRYDENS LAWYERS THE RIGHT REPRESENTATION FOR YOU?

Brydens Lawyers have for over 50 years successfully prosecuted workers compensation claims on behalf of injured coal miners. Brydens Lawyers has a dedicated team of expert compensation lawyers that specialise in workers compensation matters, as well as all other types of personal injury claims, ensuring that our clients receive the maximum compensation to which they are entitled.

For over 50 years now Brydens Lawyers has operated a No Win – No Fee policy which, simply put, provides that if a personal injury or compensation client is unsuccessful in their claim, Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the personal injury claim is unsuccessful, we do not get paid. More information about how this works can be found on our No Win – No Fee page.

In addition to the prosecution of workers compensation claims, Brydens Lawyers is a full-service law firm. Other legal services include the prosecution of all personal injury law matters including medical negligence claims, motor accident claims, personal injury claims, public liability claims and superannuation/TPD claims.

No matter what your time of need calls for, be it a mining accident or other work-related injury, our expert team of specialist lawyers is ready to assist you to seek compensation and lump sum payments to which you are entitled.

WHAT ARE YOU
ABLE TO CLAIM?

An injured coal miner has rights to statutory compensation which includes the following:

Weekly compensation payments (wages) for partial or total incapacity, which can be paid up until 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 the claiming of lump sum compensation, an injured coal miner can elect to sue at common law for damages which would include lump sum damages for past and future wage loss, past and future medical treatment expenses, loss of superannuation entitlements, pain and suffering and the value of either commercial or gratuitous care provided by family members and friends. In addition, the insurer is obliged to pay a significant proportion of the coal miner’s legal costs upon the successful conclusion of the proceedings. An election must be made by the injured coal miner as between their rights to lump sum statutory compensation for impairment and pain and suffering and a common law action for damages.

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’t force a worker to settle their claim by way of a Redemption settlement, only the worker can negotiate such a settlement.
A Redemption settlement must be approved by the District Court to ensure the work understands the nature of the settlement and the court is satisfied such a settlement is appropriate taking into consideration the available evidence. That process involves an application being made by our office to the court, 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 point.
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 needs to be considered by our experienced lawyers before expert advice can be provided to a worker regarding their available rights.

WHEN SHOULD YOU CONSULT A LAWYER ABOUT MAKING A CLAIM?

You should consult a lawyer as soon as possible after suffering injury as strict time limits may apply to the making of a claim. This will also enable us to fully explain to you your rights and entitlements under the workers compensation scheme. It is imperative to begin the legal process as soon as possible, with an experienced law firm once you are able to do so.

DO I HAVE TO PAY ANY LEGAL FEES FOR A WORKERS 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, then all legal costs and expenses remain the responsibility of the injured miner but same are paid from the proceeds of the claim upon its successful conclusion. Pursuant to our “No Win – No Fee” policy, in the unlikely event a common law claim is unsuccessful, then Brydens Lawyers will not raise a tax invoice. Additionally, upon the successful completion of a common law action, the insurer will be called upon to contribute a significant proportion of the legal costs payable by the injured miner in addition to any judgment or settlement in the injured miner’s favour. The differential is simply adjusted from the proceeds of the claim.

WHAT IS YOUR NEXT STEP?

In order to learn more about your workers compensation claim and entitlements, simply telephone Brydens Lawyers on 1800 848 848 to make an appointment to consult with one of our workers compensation specialists in person or over the phone.

Alternatively, to make a free initial consultation by way of telephone, Skype or Zoom, click here to be directed to our bookings schedule.

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Brydens Lawyers were the only people to stand by me offering support and encouragement to get me through my injury. I have been a client since 2016, and the service has been amazing throughout both of my cases. Without Brydens Lawyers I wouldn’t have gotten anywhere near the results that were achieved. I can’t thank them enough.
–
Sue from Sydney, a client of our Workers Compensation division.

Thank you so much for helping out with my case over the last few years. Henry Zhang was extremely helpful. Without his referral, this case would not have been possible. Silva Ishac was also instrumental in helping secure this case in my favour- thank you so much for your unwavering commitment and support.
–
A client of our Workers Compensation division.