RMB Compensation division head CHRIS SHEPPARD explains a case of a coal miner who received $1.75 million in compensation after he was injured due to negligence:
A Wollongong-based coal miner suffered significant physical and psychological injuries when he was injured while working underground.
A defect on a large piece of coal mining machinery had been identified and reported to management. Management gave directions to certain staff to try and fix the defect, but the ‘bodgey job' which eventuated didn’t alleviate the danger it posed to other workers.
Our client was performing his normal duties diligently when the defect in the machinery caused him significant injury which lead to him never being able to work as a coal miner again. Indeed, the injuries were so severe that he is unlikely to work again in any field in which he has training or experience.
The injury and its subsequent effects turned our client’s life upset down.
We started a case in the Supreme Court seeking damages on the back of an allegation that the company knew about the defect and failed to sufficiently reduce the risk of injury.
After some initial resistance, the insurance company accepted liability. Whilst the matter was being prepared for a Court hearing we were also able to secure an advance payment for our client to alleviate some of the financial pressures he was experiencing.
With a Court hearing imminent, the insurance company settled the claim. Our client received the benefit of in excess of $1,750,000 in damages. Whilst the money can never return our client to his pre-injury state, it does go some way towards helping him get his life back on track.
Special laws apply to workers injured in or about coal mines. These workers have significantly more beneficial rights when compared to other injured workers.
If you have been injured in or around a coal mine, you should seek the advice of a lawyer who has expertise in this area of the law. Our specialist compensation lawyers at RMB Lawyers are experienced in advising injured coal mine workers and helping them through this system.
Time limits apply to the making of a claim. Therefore, you should seek advice as soon as possible.
If you would like to speak to a lawyer who specialises in coal mine worker injuries, please contact our office to arrange a free consultation. You can contact us by by phone or our 'Ask a Question' tool on ourwebsite.