Mining claims: digging deeper to determine who is at fault

Mining is a major industry with a wide range of stakeholders - from large multinational companies to smaller local businesses - all vying for a share of the economic benefits.

When it comes to issues of responsibility, especially regarding safety, legal considerations can become quite complex in the event of a worker being injured on-site. When an individual sustains an injury at a mine site, it can be surprising to discover who is actually responsible for their safety.

The legal framework surrounding mining is intricate, and conducting a thorough legal analysis at the outset of any significant health and safety incident is crucial. Given this complexity, seeking professional legal advice in such cases is imperative.

The impact of workplace injuries: Robert’s story

Robert worked for a local small business that provided services to a large mine in regional Queensland. He was responsible for performing mechanical maintenance on machinery at the mine site. Unfortunately, he sustained a serious ankle injury after falling into a hole while on duty. This injury prevented him from passing the mine medical exam and required surgery.

Robert’s employer could only cover his medical expenses through Workers' Compensation for about 18 months. After the compensation ended, Robert could still not return to work, making his wife need to seek employment and find care arrangements for their three young children.

Robert approached us for advice on his next steps. We first had to determine who was at fault for his injury. It became clear that Robert's employer was not responsible for the condition of the roads on the mine site.

Our first step was to thoroughly investigate who was responsible for maintaining the roads on the site. If it wasn’t Robert’s employer, then who was it, and why was Robert exposed to the risk of falling into a hole in the first place? In Robert’s case, his employer was not responsible. The owner of the mine site was at fault for not maintaining the roads to a safe standard.

The answer isn’t always clear and often requires a specialist legal investigation.

While these questions may seem complex, our lawyers investigate and understand these business arrangements daily.

To do this, our lawyers will investigate employment contracts and the structure of the companies involved and even work out any individuals in charge of telling the worker to do the job that caused the injury. These investigations involve our lawyers carrying out steps such as right-to-information searches, getting access to records of job sites and instructions, or, in some cases, asking the court to get involved if parties don’t want to cooperate.

Understanding how mines operate is crucial in ensuring injured workers receive the compensation they deserve to maintain their way of life. It is common for a mine worker to be unable to pass the coal board medicals after being injured.  If workers don’t pass these medicals, their work in the mines is over.  This means jobs are lost, and in many cases, families need to move to towns to find work. When that happened to Robert, he needed help to continue paying for treatment and retraining so he could work in another industry.  Add in the emotional upheaval for him and his family; it was one of the most challenging things he had endured.

Dedicated legal support for injured workers in regional Queensland

We conduct thorough investigations in every case to ensure we have all the necessary facts. In instances where information is lacking, we proactively seek it out. There are reliable channels available for obtaining information, and mining companies and employers are legally obligated to provide this information to Robert and his legal team. It is simply a matter of knowing where to begin.

We are dedicated to helping people every day who have suffered from work-related injuries, ensuring that all regional Australians have access to justice.

We have 13 regional offices throughout Queensland, including offices in mining communities that are regularly visited. Our lawyers are deeply ingrained in the mining communities across regional Australia and committed to connecting with individuals like Robert to comprehend their experiences, the circumstances surrounding their injuries, potential methods for preventing future incidents, and, most importantly, the implications for them and their families.

This approach ensures we can address any financial gaps in their compensation entitlements.

*Robert’s name has been changed for privacy

We're here to help

You may be entitled to compensation if you or a family member can’t work due to an injury or illness.

Contact us to talk to one of our experienced, caring lawyers about your rights and entitlements, or use our free claim check tool to find out if you’re eligible.