A mining injury can occur daily due to the dangerous and difficult working conditions that Queensland miners work in. If you are a miner and you’re injured at work, you may be eligible to lodge a miner’s compensation claim.
Here, our workers’ compensation claims experts break down the process for making miners’ compensation claims and what you should be aware of when lodging this type of claim.
What are the most common mining accidents?
Mining injuries and accidents often result in extended time off work, which negatively impacts a miner’s lifestyle.
Common miners’ injuries include:
- Cuts and abrasions
- Sprains and fractures
- Psychological injuries
- Aggravation to pre-existing injuries
A miner can lodge a miner’s compensation claim if he can establish that:
- They are a worker; and
- They have suffered a personal injury and work was a significant contributing factor to their injury.
Mining compensation claims can be made under the State-based system through either WorkCover Queensland or if the employer is self-insured, the self-insurer.
What are the main causes of a mining injury?
In a 2019 report by Dr Sean Brady for the Queensland Mines Department, Dr Brady stated that injuries (including fatalities) are often caused by:
- Failure of controls
- Lack of training and education for workers
- Absent or inadequate supervision.
What should my employer do to prevent a mining injury?
Mining injury statistics in Australia reveal that employers who provide regular and ongoing training to their staff in a timely fashion have fewer mining injuries.
Miners must follow policies and procedures which are there to prevent injuries and protect miners. At work, miners should wear personal protective equipment (PPE) that helps prevent mining injuries.
Employers should also conduct regular mining safety meetings, preferably daily to ensure that issues are brought to the employers’ attention in a timely fashion.
Miners’ compensation claims – what am I eligible to claim?
A statutory claim (or no-fault scheme) means a miner can apply for compensation to compensate you for:
- Past and future loss of income
- Past and future loss of superannuation
- Hospital, medical and rehabilitation expenses
Miners can request from WorkCover or their self-insurer a lump sum payment for any permanent impairment caused by the mining accident. This lump sum request is usually done once an injury becomes stable and stationary.
If this offer is made, you may not be able to pursue a negligence claim so getting the right legal advice upfront, as soon as possible is very important.
Strict time limits apply, so if you think you have a claim, get in contact with our legal experts today so that we can guide and advise you on your rights.
I have suffered a mining injury – what do I do?
If you think you or someone you know may be eligible to claim compensation for a mining injury, get in touch with Jason McAulay and our team of legal experts at Sciaccas Lawyers at (07) 3867 8888 or online to discuss your rights.