For more than 30 years Coal Miners have been protected from the harsher cut backs to workers compensation benefits and common law claims.
As a result Coal Miners generally enjoy better entitlements than workers in other occupations.
Two notable exceptions are:
Coal miners have no entitlement to lump sum compensation for psychological injuries; and
Statutory weekly payments fall significantly short of the usually high earnings enjoyed in this industry.
Statutory benefits
The statutory benefits payable to coal miners include:
Weekly payments – generally the Award rate for the first 26 weeks off work and a statutory rate after that. Make-up pay is payable while working on restricted duties and special compensation is payable for workers where the employer is unable to provide suitable duties.
Medical expenses – compensation is payable for reasonably necessary medical expenses for life. There is no need to obtain pre-approval from the insurer before incurring expenses.
Lump sum compensation – is payable for impairments listed in the “Table of Disabilities” and, if those impairments exceed 10% of the maximum, additional compensation for pain and suffering is payable.
Death benefits – the families of coal miners who die as a result of work injuries are entitled to a substantial lump sum death benefit plus ongoing weekly payments for some dependents and funeral expenses.
Coal miners also retain the ability to redeem all or part of their claim for a lump sum.
Common law claims
Coal miners who have significant injuries caused by the negligence of their employers, are able to bring common law claims for all heads of damages, including non-economic loss, economic loss, domestic assistance, medical treatment etc.
However, coal miners must make an election between pursuing a common law claim and claiming lump sum compensation. Once an election has been made, it can only be revoked in very limited circumstances.
There is a three year time limit to commence proceedings for a common law claim, although an extension of time can be sought from the Court in some cases.
It is essential injured coal miners obtain expert legal advice from someone experienced in handling these claims as soon as possible, and before accepting any offers from the insurer or commencing proceedings.
Contact us for more information.
DISCLAIMER: This blog is made available by Mortimer Fox Lawyers to give you general information and a general understanding of the law, not to provide specific legal advice. Unless otherwise stated, all information provided pertains to injuries sustained in or in connection with New South Wales. By using this blog you understand that there is no solicitor client relationship between you and Mortimer Fox Lawyers. This blog should not be used as a substitute for legal advice. If you require legal advice please contact us for an appointment.