Injured on a coal mining site? What benefits are available to you?

If you have sustained an injury on a coal mining site in New South Wales, you entitlements to compensation are different, and arguably superior, to other workers in this state.

The test to determine whether a worker is a coal miner for the purposes of compensation is not always straight forward and you can learn more about this here: https://www.shawbunner.com.au/blog-1/2018/3/27/coal-miners-compensation-working-in-or-about-a-coal-mine

Below we talk through the key statutory benefits available to injured coal miners in New South Wales.

Weekly Payments

At the very least, workers injured on a mine site are entitled to 26 weeks of their Award rate of pay followed by statutory compensation. This is a base entitlement and for most mine sites, is improved due to the application of Accident Pay.

Accident Pay is an industrial benefit and pursuant to the workers’ employment arrangement, most commonly contained in their Enterprise Agreement. Traditionally a miner would be entitled to 78 weeks of Accident Pay for periods that they were off work due to the injury or if they were fit for selected duties however the employer was unable to provide them.

Each employment arrangement is different and it is important to note that some workers entitlements are pursuant to the Black Coal Industry Award 2010. The Accident Pay entitlement in this Award was reduced from 78 to 52 weeks for all injuries sustained on or after 1 November 2018.

After the Accident Pay period ends, workers are entitled to weekly benefits paid at a statutory rate and this rate differs under both he 1926 and 1987 Act. The rate is also determined based upon the workers dependency situation.

The entitlement to claim weekly payments runs until one year beyond the workers retirement age.

If a worker is able to return to work on modified duties, they have the potential to claim make-up pay from the insurer. Alternatively, they may leave the mining industry and obtain lighter work elsewhere and have a potential claim if they are earning less in their new job.

Medical & Treatment Expenses

As in injured worker, you are entitled to claim hospital and medical treatment expenses from the insurer, generally Coal Mines Insurance. This includes claims such as prescribed medications, physiotherapy and travel to medical providers etc. It is important to ensure that the treatment is listed on your SIRA Certificate of Capacity and has been recommended by your treating doctor as being reasonable and necessary for the treatment of your work injury.

The entitlement to claim reasonable and necessary treatment expenses runs until the date of death, irrespective of whether you have left the mining industry or passed retirement age.

Lump Sum Compensation – Permanent Impairment and Pain & Suffering

If you are left with a permanent injury or permanent loss of use of a body part as a result of work injury or the nature and conditions of your employment in the mining industry, you may have an entitlement to a tax free lump sum as recognition of the loss. If the injury is significant and you cross the relevant threshold, you may also be able to claim an additional lump sum for pain and suffering associated with the injury.

These claims are available in addition to your entitlement to claim weekly benefits and medical and treatment expenses. By making this type of claim, you do not bring your entitlements to an end. If you are compensated for permanent impairment and the body part continues to deteriorate, you would be entitled to explore a further claim, or “top-up” claim.

Unfortunately this type of claim only applies to physical injuries and is not available in circumstances of a permanent psychological injury.

We confirm a solicitor in NSW cannot charge you legal fees to advise you and assist you with a claim for statutory benefits. If you claim is successful, the solicitors professional fees are recoverable from the other side.

If you have sustained an injury on a coal mining site, reach out to our experts for a no-obligation discussion regarding your potential entitlements.