Compensation Law

Coal Mining

If injured in a coal mine, the experience can be distressing. Fortunately, you may be entitled to compensation. Specifically, we have the expertise to help you. We can assist you if injured underground. This includes a pit top, or an open cut mine. After all, we know coal miners work in a particularly risky and harsh environment.

Having worked with miners for over 40 years we have the knowledge to understand the circumstances of an accident and to determine the best way forward to ensure maximum compensation.

If you suffer an injury at work or while commuting, you may claim compensation.

You must file this claim through the NSW coal miners insurance scheme.

Your rights in the mining industry

Employee rights in the mining industry in the case of an accident usually fall into 2 types of claim:

Category 1 – Workers Compensation

You may claim workers compensation through the coal miners insurance scheme in NSW if you suffer an injury at work or while commuting i.e

• weekly payments of compensation usually to 1 year after you are eligible for the  Aged Pension. In some cases you are entitled to this for the rest of your life
• medical and treatment expenses for the rest of your life
• lump sum payments for loss of use or of efficient use of body parts. You may be entitled to more than one claim if the injury becomes worse
• lump sum payments for pain and suffering. You may be entitled to more than one claim if this increases over time. 

Category 2 – Common law claims

In the case your employer was negligent, you may be able to sue for damages through a common law claim. c

We work closely with mining engineers to make sure we get the best outcome for you.

Reach out to our experts in coal mining cases today on on (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast) or via our enquiry form. In a free no-obligation consultation we will assess your case and work to get you the best possible outcome.

Workers Compensation

If you suffer a work injury, we take the stress out of complex law. We get you the compensation you deserve. It is important you understand your rights and know what entitlements are available for you to pursue.

If you are employed in New South Wales, you may be able to make a claim for compensation from injuries which may have occurred:

• while working
• during any travel you do for your employment
• during a work break.

You may claim compensation if you suffer an injury while working for the NSW Police Force, NSW Fire Brigade, NSW Ambulance (as a Paramedic), or if you volunteer with a government agency or work in coal mining.

• while working
• on your way to work
• on your way home from work
• during any travel you do for your employment
• during a work break.

If you work in the public sector, in the Armed Forces or a government-owned company like Australia Post, you may be eligible to claim for compensation under the Comcare scheme. 

In all of the above scenarios, you may be able to claim for:

• medical and related expenses
• lump sums for permanent impairment
• vocational rehabilitation and retraining
• home care and domestic assistance in some circumstances.

Injuries caused can be physical or psychiatric, and also can include diseases like skin cancer from sun exposure at work, occupational dermatitis and industrial deafness from noise. As the different schemes provide for different benefits and procedures it is important that you get the right advice to navigate through a complex workers compensation system.

If you have been injured at work and would like to understand if you may have a claim, speak to our experts today (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast) or Contact Us for an obligation-free consultation.

Asbestos

If you suffer an asbestos disease, talk to us immediately. This is also true if you think you’ve had exposure to asbestos.Our expert team will guide you through investigating exposure and build your case, so you can focus on feeling well. 

Asbestos was used extensively in many industrial environments until the mid-80s, and people were exposed to it in construction, mining, shipping and dockyards and power plants. It appeared ideal for use in pipe and boiler insulation, fireproofing material, cement, brake linings and in building panels.

You may have been exposed to asbestos otherwise. Think of schools or hospitals during renovations. Exposure also happened when washing dusty overalls or playing in a backyard containing crushed asbestos

It’s fibres can stay in your lungs for a long time after inhalation. They cause scarring and inflammation, which affects breathing and leads to serious health problems.

You may be entitled to claim if you are suffering from:

• mesothelioma – cancer of the lining of the lung or abdomen lining 
• asbestosis – lung scarring or fibrosis
• asbestos lung cancer
• pleural thickening and plaques – scarring around lung or lung lining.

To discuss any concerns you have around asbestos and the impact it has had on your health, call us today on (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast) or Contact Us for an obligation-free consultation.

Car Accidents

If you have suffered injury as a result of a car accident, you may be entitled to compensation to get back on your feet.

You may be in the car, a cyclist, a pedestrian hit by a motor vehicle, bus driver, taxi driver or someone injured on public transport.

Under the motor accidents legislation you have important obligations that you must comply with that are time sensitive. You are required to report the accident to the police within 28 days if the police did not attend the scene, and you must notify the relevant insurer preferably within 28 days of the accident, but definitely within 3 months.

Everyone, regardless of who is at fault, is entitled to recover some statutory benefits under legislation, which includes weekly payments if you are unable to work and medical expenses. Those benefits are payable for the first 52 weeks or 1 year.

If you weren’t at fault, you can claim further weekly payments. This applies if you didn’t contribute over 61% to the accident. Your injury must be more than minor. You are entitled to medical expenses for life.

Our expert lawyers can work through this difficult legislation. They will advise you on any negligence claim against the at-fault driver.

Time constraints apply, so get in touch quickly. We will guide you through the claim process. This lets you concentrate on your health. Call us today about your potential car accident claim: (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast).

Dust Disease

If dust or fumes cause your respiratory disease, you may claim compensation. Contact us today to handle your entitlements. You can focus on feeling your best.

There are many types of respiratory disease including:

• pneumoconiosis – also known as black lung disease, caused by inhaling coal dust, typically in coal mining.
• silicosis – caused by inhaling silica dust (or chrystalline silica) from sand and rock, primarily in mines, quarries, and in occupations such as sandblasting.
• chronic obstructive pulmonary disease/chronic obstructive airways disease (known as COPD/COAD) – includes chronic bronchitis, asthma and emphysema. 
• byssinosis – also known as brown lung disease, caused by exposure to cotton dust, or other vegetable fiber dusts like flax, hemp or sisal. Commonly occurs in those who work in cotton mills, yarn and fabric manufacturing industries.

If you are diagnosed with a dust disease, you may be entitled to compensation under:

• workers’ compensation schemes
• common law, if you lodge a claim within 3 years of diagnosis
• superannuation
• insurance policies
• product liability claims.

If you think your health has been impacted by any sort of dust disease, we have the expert knowledge to work with you to get the compensation you are entitled to. Get in touch today on (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast) or Contact Us for an obligation-free consultation.

Medical Negligence

No one is perfect and despite the high standard of medical and nursing care in New South Wales, accidents can happen and things can be missed. Errors in medical procedures and diagnosis can occur from even the most qualified and experience medical practitioners. Some of those errors may include:

• misdiagnosis or diagnosis delay
• surgical errors
• injuries sustained during birth, including stillbirths and neonatal deaths
• dental malpractice
• failure to refer for investigations, specialist advice or emergency treatment
• defective medical products
• anesthesia errors
• prescription and medication errors.

Claims for medical negligence are very complex and difficult cases. To run a successful claim requires special expertise in the field. Our Accredited Specialists at Whitelaw McDonald have the experience to advise you on your situation to get the best outcome for you. Call us today on (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast) or Contact Us for an obligation-free consultation.

Personal Injury & Public Liability

If you have been injured in a public or private place, such as a shopping centre or someone’s home, you may be entitled to compensation under public liability law. This will often be due to a failure by someone to make the premises safe. These claims can be tricky to navigate, which is why you need the best expertise – call us so we can help you claim what you are entitled to and move forward. Generally there are strict time limits on when the claim can be made, so get in touch today.

Claims may include:

• injuries sustained in public places such as parks, supermarkets and shopping centres
• injuries sustained at private locations such as homes and reception lounges
• dog or other animal attacks.

You may be entitled to compensation for:

• pain and suffering, loss of enjoyment of life caused by physical injury, psychological injury or both 
• loss of past and future earnings 
• past and future medical treatment and care expenses 
• past and future costs related to voluntary care from a loved one (for example, a family member taking care of you)
• past and future damages for loss of capacity to care for dependents.

If you are suffering what you think might be Total Permanent Disability due to injury, call now and speak to our experts in personal injury law on (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast) or Contact Us for an obligation-free consultation.

Police Officers

If you or a family member is a police officer in New South Wales, we are the right people to help you with your unique legal needs. Your job is risky by nature, and you may often find yourself in situations which can result in injury. That’s why police officer legal support is essential for navigating these challenges effectively.

These workplace injuries may include:

• post-traumatic stress disorder (PTSD)
• injuries related to being assaulted
• car accidents while working.

If you are injured as a police officer, report your injury immediately. This applies if you cannot work due to a psychological condition. You must see your doctor for a medical certificate. SIRA guidelines dictate the correct form.

Get in touch today so we can take the stress out of managing the legal process and you can focus on recovery. Call on (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast) or Contact Us for an obligation-free consultation.

Institutional Abuse

Institutional abuse involves cases that involve, for the most part, minors who were abused either physically, sexually or psychologically by those in authority. Abuse can occur at school, at church, in foster care or juvenile detention and you may have a right to compensation. Even if it happened a long time ago and was never reported, you may still be able to claim compensation and seek justice for any harm endured.  

Understanding Personal Injury Claims 

Survivors have the right to seek compensation for physical injuries, emotional distress, and other forms of harm inflicted upon them while under the care of an institution. These claims may vary depending on the nature and extent of the abuse. That claim can include compensation for pain and suffering (and possibly including aggravated damages), past and future loss of income, past and future medical expenses. Compensation will be payable either by the person who inflicted the abuse, or the institution who employed the offender. While money will not repair any physical and psychological damage caused by years of abuse, it can assist with medical treatment costs and living costs for those who struggle to maintain full-time employment. 

In child sexual abuse matters, the court may award aggravated damages. These damages compensate for hurt and humiliation. If the offender’s post-abuse behavior increases mental harm, aggravated damages may apply. This includes denying clear liability.

Family members previously could not claim damages. But in 2024, the High Court made a key decision. The father of a deceased son can now pursue damages. He suffered shock learning of his son’s abuse in the mid-1990s.

In New South Wales, there is a statute of limitations that sets a time limit for filing personal injury claims. Institutional abuse cases involve sensitive issues. The legal system recognises delayed reporting by survivors. Recent legislation extends the claims timeframe. This helps survivors who couldn’t report sooner. Crucially, there is no time limit to bring a claim if the abuse happened when the person was a child.

You will be required to document the abuse you suffered. You must gather supporting evidence. This includes medical records, photographs, and witnesses.

Seek legal advice from our specialised lawyers who will handle your case with sensitivity. It is not an easy thing. We will explain your rights, assess how likely your claim may be to succeed and outline any potential outcomes. Contact us now for a free no-obligation consultation on (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast) or via our enquiry form. Time limits may apply in matters other than sexual abuse so you should find out your legal rights as early as possible.