Coal Miner Employees
Workers who are employed in or near coal mines, known as coal miners, are in a special position because they have access to significant workers’ compensation benefits that are not available to most other workers. Generally speaking, the 2002 and 2012 workers compensation scheme reforms implemented by the NSW government have not affected claims for workers compensation from coal miners. In addition, valuable common law rights have been preserved for coal miners. These rights allow them to file lawsuits against their employers in the event that they suffer injuries due to their negligence. This allows them to obtain appropriate common law damages instead of the maximum amounts permitted by the workers compensation program.
Whether you are eligible to make a claim?
Yes, if you are injured at Coal Miner site or during your work as a coal miner you are entitled to claim workers compensation claim. You are entitled to claim compensation whether your injuries are physical injury or psychological injury.
What entitlements you can claim as a coal miner employees?
A coal miner who sustains an injury is entitled to statutory compensation, which covers the following:
- weekly wages for partial or total incapacity; these wages may be paid for up to a year following the retirement age.
- Costs for medical care for the remainder of the employee's life.
- One-time payment in full for any permanent impairment as well as an additional one-time payment in full for any pain and suffering brought on by the impairment or use restriction of the injured body part.
In addition, an injured coal miner may choose to file a common law lawsuit in order to pursue damages other than lump sum compensation. These damages could include lump sum compensation for lost wages from the past and future, medical expenses from the past and future, loss of superannuation benefits, pain and suffering, and the cost of paid or unpaid care from friends and family. Furthermore, if the coal miner wins the case, the insurer will have to cover a large amount of the coal miner's legal fees. The injured coal miner has to choose between filing a common law lawsuit for damages or receiving lump sum statutory compensation for impairment and pain and suffering. A worker may elect to settle their claim through a Redemption settlement in addition to the election provisions. In a redemption settlement, an employee bargains with Coal Mines Insurance for a total settlement of their claim, in which the insurance company buys out the employee's future compensation.
Is there any Legal cost in prosecuting Coal Miners claim?
An injured worker in NSW who wants to apply for statutory benefits does not have to pay any legal fees.
If the employer is sued in a common law action or case, the injured miner will still be responsible for all legal fees and costs; however, these will be covered by the claim’s proceeds if it is granted. We here at Sher legal will not issue a tax invoice in the unlikely event that a common law claim is unsuccessful in accordance with our “No Win – No Fee” policy. An Affordable amount of the legal fees that the injured miner will be required to pay after a common law action is successfully concluded, in addition to any award or settlement that benefits the injured miner, will also be the responsibility of the insurer. Just the claim proceeds are used to adjust the differential.
