Coal Mining Accidents in NSW
Since 1983 we have acted on behalf of hundreds of coal mine employees who have sustained injury whilst working underground, pit top and in open cut.
We understand the unique risk and harsh environment in which coalminers work having taken the opportunity to visit mines and we have been underground numerous times.
Your rights in the mining industry
Employees rights in the mining industry in the case of an accident usually fall into two (2) categories:-
Category 1 Workers Compensation
You have these entitlements in the event you suffer an injury at work or on the way to or from work whether the accident occurs through the fault of the employer, a fellow work mate, the system of work or the fault of even yourself. These rights include:-
- Weekly payments of compensation usually to one (1) year after you can first obtain the Aged Pension and in some cases weekly compensation payments until date of death.
- Medical expenses for injuries at work until date of death.
- Lump sum entitlements for the percentage loss of use or loss of efficient use of different parts of the body. These entitlements are not “one off” entitlements but are entitlements that can be the subject of review and top up when and if the percentage impairment or loss of use becomes worse.
- Lump sum entitlement for pain and suffering in relation to your injuries. Again this is not a “one off” entitlement but one that can be topped up if there is an increase in the percentage loss of use or loss of efficient use or impairment of a part of the body.
Category 2 Accidents
Caused by fault/negligence
The responsibility of employer is not limited to their own fault but also in the event of a mistake by a fellow workmate for whom the employer or colliery is liable.
We work closely with experts (Mining Engineers) to ensure your case is solid.
Generally, a common law fault or negligence damages claim will more fully compensate you for the injury(s) suffered by you.
But .. beware the old Statute of Limitations which provided 6 years to bring such a claim has now been replaced by a tighter 3 year period from the date of injury. In certain circumstances this could be successfully extended, however, delay can be critical.
To make an enquiry or arrange an appointment simply telephone Whitelaw McDonald on (02) 4941 8999 and ask to speak to our coal mining department.
We also regularly travel to various centres in the Hunter Valley, Upper Hunter and Gunnedah.