Coal Miners Compensation Claims
Coalminers and persons working in and about a mine have workers compensation rights which differ to those of other workers. An injured coalminer or a person injured whilst working in or about a mine should ensure that they obtain advice from a lawyer who specialises in this type of work. In general, an injured coal mine worker has the following rights:
- weekly payments of compensation, usually until one year after they are eligible for the aged pension.
- medical and treatment expenses for the rest of their life.
- lump sum compensation for any loss of function or use of the injured body part. The injured coal mine worker is entitled to make more than one claim for lump sum compensation should your condition have deteriorated over time or due to further treatment.
- compensation for pain and suffering which you have and will endure.
Common law claims
Further, if your injury was caused by an unsafe system of work you may be entitled to bring a "common law" claim for a lump sum of damages for:
- pain and suffering;
- past loss of wages and loss of superannuation benefits;
- future loss of earnings and loss of superannuation benefits;
- past and future medical and treatment expenses;
- past and future care, yard and household duties assistance.
In general, common law claims are worth significantly more money than the claims referred to paragraphs 1 to 4 above.
Time limits
A common law claim must be commenced by filing court proceedings within 3 years from the date of injury. If this time period is not complied with your rights to seek a claim for damages may be lost forever.
Election provisions
If you bring a claim and receive lump sum compensation / pain and suffering compensation as set out in paragraphs numbered 3 and 4 above, you then become ineligible to bring a claim for common law damages.
Therefore, it is extremely important that you obtain advice from one of RMB's specialist lawyers before accepting any offer which you may receive from any insurance company.
RMB Lawyers conduct these claims on behalf of injured coalmines on a "no win – no fee" basis. This means that you do not pay for our time, effort and expertise unless you successfully bring a claim. If your claim is successful, the insurer will have to pay the majority of your legal fees and expenses.