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Mining injury claims · Queensland

For Queensland mining and resources workers injured underground, on surface, in transit, or by long-term occupational exposure — we run mining accident claims Queensland-wide.

A Queensland mining injury sits inside the Workers’ Compensation and Rehabilitation Act 2003, with additional rights under the Coal Mining Safety and Health Act 1999 and Mining and Quarrying Safety and Health Act 1999. Statutory benefits begin under WorkCover. Where an employer or principal contractor breach of duty caused or contributed to the injury, a separate Queensland workers compensation common-law action is assessed in parallel.

  • No-obligation first consultation
  • No win, no fee*
  • We set out our costs in writing at the start.
Notice

Your time limits

Queensland law
  • 6 monthsLodge your WorkCover application
  • 20 business daysWorkCover decides
  • 3 yearsStart court proceedings for damages
All 5 time limits, and when each starts

Two claims, one team

WorkCover supports your recovery. We investigate any damages claim early.

Mining injuries trigger the workers’ compensation scheme alongside additional duties under the mine safety statutes. WorkCover benefits are paid once the claim is accepted. A common-law claim follows if the mine operator, contractor or another worker breached the standard of care the mining safety legislation requires.

Claim 1 · WorkCover

Statutory

WorkCover claim

No fault to prove.

  • Weekly payments while you can’t work
  • Medical, hospital and rehabilitation costs
  • A lump sum if you’re left with a permanent impairment

Lodge within 6 months. The insurer aims to decide within 20 business days.

Claim 2 · Damages

Common law

Damages claim

Negligence has to be shown.

  • Pain and suffering, on Queensland’s injury scale
  • Past and future lost earnings and super
  • Care, future treatment and out-of-pocket costs

Notice of Claim for Damages, a compulsory conference, and court within 3 years if needed.

The Notice of Assessment

The Notice of Assessment is where the claims can split.

Danger

Don’t sign a lump sum offer before advice.

Once your injury stabilises, WorkCover assesses your permanent impairment and may offer a lump sum. What you can do next depends on the rating.

  • Under 20%Taking the lump sum ends your right to claim damages against your employer. The choice can’t be undone.
  • 20% or moreYou can take the lump sum and still claim damages.
  • 20 business daysTo dispute the impairment rating if you think it’s wrong.
1300 529 529Talk to us before you sign anything.

How it happened

The mining accident claims we run in Queensland trace to four scenarios.

You'll probably recognise yours below. Each can open both a WorkCover claim and a common-law action. Because mining injuries are almost always linked to a control measure under the CMSHA or MQSHA that, on the day, fell short.

  • Plant, vehicles, or rolling stock injured you.

    A haul truck collision, a light-vehicle interaction, a mobile-plant strike, a longwall or dragline incident. The traffic management plan, separation system, or operator-protection device fell short. Mining injuries trigger SHA reporting and an investigation file you’re entitled to use.

    You can run: WorkCoverDamages

  • A fall of ground, strata, or material caught you.

    A roof fall, a rib failure, a highwall slip, a dropped load. The geotechnical or strata-control plan, the support cycle, or the exclusion zone fell short. The injury is serious, compensable, and the regulator’s findings are usually probative.

    You can run: WorkCoverDamages

  • An energy-isolation, fire, or atmospheric event caught you.

    A live-circuit contact, an unisolated energy source, a hot-work fire, a methane or atmospheric event. The isolation procedure, permit-to-work system, or atmospheric monitoring fell short. Both the physical injury and any psychological consequences are compensable.

    You can run: WorkCoverDamages

  • Cumulative exposure broke you down.

    Coal dust, silica dust, diesel exhaust, vibration, noise. A diagnosis of CWP, silicosis, hearing loss, or vibration-related injury years after exposure. Medical surveillance, dust controls, or PPE were inadequate over time. Statutory and common-law pathways both apply, and limitation periods are managed accordingly.

    You can run: WorkCoverDamages

Straight after the injury

Four things to do straight away.

  1. Report it

    Tell your employer, and make sure it’s written in the register of injuries.

  2. See a doctor

    Ask for a work capacity certificate. You need one to lodge your WorkCover claim.

  3. Lodge within 6 months

    Your WorkCover application, from when your entitlement arises.

  4. Keep records

    Photos of the site and injury, witness names, pay slips and receipts.

Time limits

Five time limits that decide what you can claim.

Miss the first one and the WorkCover claim can be refused. Miss the last and the damages claim is gone.

Notice
  1. 6 monthsLodge your WorkCover applicationWithin 6 months after your entitlement to compensation arises, usually when a doctor first assesses the injury.
  2. 20 business daysWorkCover decidesThe insurer aims to decide your application within this period after it is lodged.
  3. 3 monthsReview a rejected claimApply to the Workers’ Compensation Regulator for a review of the decision.
  4. 20 business daysDispute your impairment ratingAfter your Notice of Assessment arrives, if you think the rating is wrong.
  5. 3 yearsStart court proceedings for damagesFrom the date of the injury, after the pre-court steps. Start early: those steps take time.

What you can claim

Two claims cover different losses.

WorkCover

What WorkCover pays

  • Weekly payments while you can’t work
  • Medical, hospital and pharmacy costs
  • Rehabilitation and return-to-work support
  • Travel for treatment
  • A lump sum for permanent impairment
  • Death benefits for dependants
Damages

What a damages claim covers

  • Pain, suffering and loss of enjoyment of life
  • Past and future loss of earnings
  • Lost superannuation
  • Paid care and assistance
  • Future treatment and out-of-pocket costs
  • Interest on past losses

Statutory limits apply to damages, and WorkCover benefits already paid are refunded from them.

How we run your claims

Five steps. Both claims. One team.

  1. Step 1

    No-obligation first consultation

    We check whether one or both claims apply, and what each is likely to cover.
    WorkCoverDamages
  2. Step 2

    WorkCover application

    Lodged with your medical certificate, well inside the 6 months.
    WorkCover
  3. Step 3

    Damages case built early

    Site evidence, witnesses, engineering and medical reports, while WorkCover runs.
    Damages
  4. Step 4

    Notice of Assessment

    We compare the lump sum with your damages claim before you choose.
    WorkCoverDamages
  5. Step 5

    Conference, then court if needed

    Many claims resolve at the compulsory conference. If not, court proceedings start within the 3 years.
    Damages

Costs

What it costs you.

Notice

No win, no fee* on damages claims

If your damages claim doesn’t succeed, you pay no professional fees for our work. You may still have to pay outlays, such as report and court fees, if your costs agreement says so. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs. We explain this in writing before you sign.

  • No-obligation first consultation

    You decide whether to go ahead once you know your options and the likely costs.

  • Everything in writing

    Fees and outlays for each claim are set out in a costs agreement before we start.

  • Capped at 50%

    Our professional fees are capped at 50% of what you recover, after refunds and outlays (Legal Profession Act 2007 (Qld) s 347).

Questions

Straight answers to the questions you have right now.

General information only. Not legal advice. For advice on your specific matter, call Carter Capner Law on 1300 529 529.

Two key time limits apply in Queensland. For a WorkCover statutory claim, you generally must lodge within six months of the injury (or the date you became aware of it). For a common law damages claim, court proceedings generally must be started before the three-year anniversary of the injury, with pre-court steps under the Workers’ Compensation and Rehabilitation Act 2003 (WCRA) commenced well before that. Late lodgement can sometimes be excused, but the safer course is to act quickly. Call us on 1300 529 529 to check your dates.

Guides that go further.

Hurt at work?

Talk to a lawyer before you sign anything WorkCover sends you. There’s no obligation to go ahead.

General information only, not legal advice about your situation. No win, no fee* applies to damages claims: if the claim doesn’t succeed, you pay no professional fees; whether outlays are payable depends on your costs agreement. If a court case is lost or withdrawn, or you don’t do better than an offer the other side made, you may have to pay the other side’s legal costs.