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Workers Compensation

Mining Accidents in Australia: How to Make a Claim

By LHD Lawyers

If you or a loved one has recently suffered a mining workplace accident in Australia, you could be eligible for coal miners compensation through your workers compensation insurance. This guide will provide you with valuable information to expedite your way to a successful claim. Through reading, you will learn: 

  • The definition of a mining workplace injury
  • The most common mining injuries
  • Who can make a coal miners compensation claim
  • What you can claim for a mining accident
  • How to make a workers compensation claim

What is a mining injury?

A mining injury is classified as a work related injury or industrial disease suffered by a mining industry employee while they are on the job.

According to Statista, approximately 200,000 workers were employed by the mining industry in Australia in FY 2022. That number is equal to over 1% of the country’s population. All these individuals are at daily risk for serious injury and even death from heavy equipment, toxic materials, and other hazards. 

What are the most common mining injuries?

Coal miners frequently work with heavy equipment and hazardous materials. Here are the most common injuries that occur on these labour-intensive job sites.

  • Body stress and musculoskeletal disorders
  • Slips, trips, and falls
  • Getting hit or crushed by moving objects and/or machinery
  • Hearing loss
  • Dust and chemical-related industrial diseases
  • Electrocution

Who can make a coal miners compensation claim?

Anyone who works in the coal mining industry and has suffered an injury or illness on the job can file a workers compensation claim. That includes fly-in fly-out (FIFO) workers. Furthermore, if a miner dies as a result of their work, their families can claim a death benefit.

What can you claim for a mining accident? 

There are several benefits you can claim for a mining accident: 

  • Lost wages due to being temporarily or permanently unable to return to work
  • Medical expenses related to treatment for your injury
  • Permanent impairment of a limb (including an amputation)
  • Your condition that resulted from the accident worsening over time
  • Travel expenses associated with your treatment
  • Death benefits if you or a family member died in a coal mining accident

How can you make a workers’ compensation claim for a mining accident?

After suffering a mining accident, filing a workers compensation claim could enable you to receive one or more of the benefits we discussed in the previous section, thus saving you from having to pay thousands of dollars out of pocket. 

Here are the steps you should follow to make a claim on your workers compensation insurance if you work in the mining industry. Also included are the time limits for filing.

New South Wales

  1. Inform your employer that an accident has occurred.
  2. Go to a doctor and have your injuries/illness assessed. Afterwards, the doctor should provide you with a Certificate of Capacity that specifies if/when you can return to work and in what capacity (i.e., part-time or full-time).
  3. Fill out a SIRA Workers Injury Claim Form and submit it to your employer along with the Certificate of Capacity. You have six months or 3 years in special circumstances from the date of the accident to file your claim.

Victoria

  1. Inform your employer that an accident has occurred.
  2. Go to a doctor and have your injuries/illness assessed. Afterwards, the doctor should provide you with a Certificate of Capacity.
  3. Fill out a Workers Injury Claim Form and submit it to your employer along with the Certificate of Capacity. You have 30 days from becoming aware of your injury or illness to file your claim.

Queensland

  1. Inform your employer that an accident has occurred.
  2. Go to your doctor and get a medical assessment. While you’re there, obtain a Certificate of Capacity.
  3. Fill out and submit the WorkCover workers compensation form online. You have six months from the date of the accident or from becoming aware of your illness/injury to file your claim.

 Tasmania 

  1. Inform your employer that an accident has occurred.
  2. Go to your doctor and get a medical assessment. While you’re there, obtain an Injured Workers’ Compensation Medical Certificate.
  3. Fill out and submit a Workers’ Compensation Form. You have six months from the date of the accident or from becoming aware of your illness/injury to file your claim.

South Australia

  1. Inform your employer that an accident has occurred.
  2. Go to your doctor and get a medical assessment. While you’re there, obtain a Work Capacity Certificate.
  3. Fill out and submit ReturnToWorkSA Claim Form to your employer. You have six months from the date of the accident or from becoming aware of your illness/injury to file your claim.

Western Australia

  1. Inform your employer that an accident has occurred.
  2. Go to your doctor and get a medical assessment. While you’re there, obtain a First Certificate of Capacity.
  3. Fill out and submit a Workers Compensation Claim Form to your employer. You have 12 months to file your claim.

Make a Workers Compensation claim today

If you think you have a workers compensation claim to make in Australia, LHD Lawyers can help everyday Australians receive the benefits they’re entitled to. 

We are so sure of our abilities to win your case that we stand firmly by our No Win No Fee Policy: if we don’t win, you don’t pay. Call 1800 455 725 for a no-obligation consultation about your case.

Author: James Bodel

LHD Lawyers | Feature Callout

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