Mining Industry Compensation Claims and Common Issues

Working in the mining industry is risky, with workers exposed to dangerous situations every day while completing their tasks. Despite training, experience and safety policies, accidents can happen, leaving workers with serious injuries and financially burdened by medical costs.

Fortunately, all workers in the mining industry have the right to claim compensation if they suffer a work-related injury. However, there are a couple of different pathways to making a claim depending on the circumstances of your injury.

Common Injuries You Can Claim For

Your potential entitlement to compensation covers a variety of situations that don’t just involve direct, on-the-job incidents. Below are some common scenarios that can result in a work-related injury.

• Motor vehicle accidents – A wide range of motor vehicles are used in the mining industry, from excavators to dump trucks. Collisions, rollovers and tipping while operating or being around these vehicles account for a large number of mining industry accidents.
• Heavy machinery – Operating heavy machinery is inherently risky and can cause serious injury if they are faulty, misused, tip over or if extremities are caught in them.
• Mining collapse – Working underground in a mine undoubtedly poses one of the most serious risks in the industry. Collapses can occur if walls or ceilings aren’t properly secured, when deep excavation weakens the overall structure or from natural phenomena such as shifts in the Earth’s surface.
• Delayed injuries – This includes sprains and strains, back injuries and knee injuries resulting from heavy physical labour as well as noise-induced hearing loss, dust diseases and vibration syndromes.

You can also make a claim for psychological injuries if you are mentally affected in an adverse way due to your work, whether from stress, trauma or other reasons.

Making a Claim

If you are injured while working in the mining industry, you have two potential pathways to make a claim – workers’ compensation and common law claims. The first is a statutory claim, meaning it is rewarded regardless of who was at fault. It generally covers medical costs and lost wages, which is paid by the insurer (usually WorkCover Queensland).

In most cases, an injured worker will be able to make a claim for accidents related to their employment. This means rather than being restricted to on-site incidents, you may also be able to make a claim if you are injured on your way to work. This is important for mining workers as their jobs often entail travelling as “fly in, fly out” workers.

Common law claims are for situations where you are injured as a result of another person’s negligence and want to make a claim for your loss and suffering as well as your medical expenses and lost wages. For example, if you were injured as a result of someone misusing machinery or failing to follow safety procedures.

Consult Brisbane Injury Lawyers

As the circumstances surrounding every mining-related accident are different, it’s essential to get quality legal advice about your specific situation from an experienced compensation lawyer. They can determine the best pathway to get the compensation you deserve.

Call the team at Brisbane Injury Lawyers today on (07) 3171 9313 or contact us online to get an assessment on your claim.