What compensation can coal miners claim in NSW?

If you are a coal miner and are injured at work, you should be entitled to receive workers’ compensation payments. These payments include weekly payments for your time off work, payment of medicals expenses for your treatment that are reasonable and necessary and related to your injury and lump sum compensation for any permanent injury.

What is a common law claim?

If you have suffered a severe injury, you may be able to make a claim for damages if you can establish that your employer was negligent. This is known as a common law claim. In a common law claim, you may be entitled to claim for pain and suffering, loss of past and future wages, medical expenses and domestic assistance.

How long do you have to make a coal mining injury claim?

Common law claims are subject to limitation periods, which set out the maximum amount of time a worker has to make a claim. In New South Wales, the time period for commencing a claim against your employer for negligence is governed by the Workers Compensation Act 1987. The law requires that an injured worker must bring a claim within three years from the date of the accident.

What if you miss the three year time limit?

If you are considering bringing a claim outside the three year time limit, you need to seek leave from the Court to do so. The Court will consider a number of factors when deciding whether to allow the claim to proceed, including whether you knew the extent of your injury, whether you knew your employer was responsible, whether you received any legal advice after the accident, and whether it was clear to you that you had a damages claim. It is important to remember that a Court may not always grant leave to commence proceedings outside the time limit.

What about injured contractors at a mine site?

If you are injured as a contractor at a mine, you are entitled to workers compensation payments from the insurer of your employer. If your injury is more severe, you may also be entitled to make a common law claim against the mine itself if you can establish that the mine was negligent.

Which legislation applies to your claim?

The legislation that applies depends on who you are making the claim against. Claims against your employer are governed by the Workers Compensation Act 1987. Claims against a mine or company that is not your employer are governed by the Limitations Act 1969.

What is the date of discoverability?

Under the Limitations Act 1969, the three year period runs from the date the cause of action becomes discoverable — not necessarily the date of the accident. The date of discoverability is determined by when you knew the extent of your injury, who was responsible, and that you had a potential claim. Because this date is not always clear, it is safest to treat the date of the accident as the starting point and seek advice immediately.

If you have been injured at work and are unsure where you stand, getting advice early can make all the difference. Time limits apply and they cannot always be extended. Whitelaw McDonald Lawyers has experienced specialists in coal mining claims who can guide you through the process and protect your entitlements. Contact our team today for a free, no obligation discussion about your situation.

Key Takeaways

  • Injured coal miners in NSW may claim more than standard workers compensation, including lost wages and medical expenses.
  • Common law claims are possible if negligence can be established, covering pain, suffering, and lost wages.
  • A coal mining injury claim must be made within three years of the accident, as per the Workers Compensation Act 1987.
  • Missing the three-year limit requires court approval, which considers various factors about the claim’s discoverability.
  • Seek legal advice early; strict time limits exist and they complicate the claims process.

NOTICE: This article is accurate at the time of publication and does not constitute legal advice. Please see our legal notices page for more information.