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According to WorkCover Queensland from the period of 2012-2014, there have been 4,292 worker’s compensation claims lodged with WorkCover Queensland for injuries sustained as a result of mining accidents in Queensland.

The nature of the mining industry exposes the worker to high risk activities on a daily basis. Some of these high potential incidents (HPIs) include wall collapses, loss of control of vehicles, thermal fires, electrical shock, vehicle collision and objects being propelled from machinery.

In-between 2014-2015, four mine workers in Queensland were fatally injured. These fatalities involved:

  • A worker being struck by a piece of coal which had fallen from a sidewall.
  • A worker struck by a rock.
  • A truck wheel exploding resulting in one worker being fatally injured, while another worker sustained serious facial injuries.
  • A four wheel drive bus rolling.

The most common type of injuries in mining

Musculoskeletal (soft tissue) type injuries accounted for almost half of the type of injuries sustained by workers in the mining industry. Other common types of mining injury related claims relate to injuries sustained to the back, hand and fingers or to the face and head. Of concern, psychological injuries continue to increase.

What happens if I do get injured?

If you sustained a serious injury, your supervisor is required by the National Mine Safety Framework (NMSF) to report your injury by lodging a Queensland Mining Industry Incident Report Form with the Department Natural Resources and Mines (DNRM).

Any other “incident”, either involving a non-serious injury or no injury should be reported to your supervisor and your supervisor is required to make a record of this incident.

Considering the circumstances of your injury, you may also elect to lodge a claim with either WorkCover Queensland or the company’s insurer. East Coast Injury Lawyers can assist you in identifying the correct insurer.

Can I be compensated for the injury I sustained at a mine site?

There is no difference between the process involved for applying for compensation between that of a worker at a mine site and any other worker.

A mine worker can apply for compensation if their injury was sustained arising out of, or in the course of, their employment. The worker could be employed on either a casual, full-time or part-time basis.

To be eligible to apply for compensation, the worker’s injury could be sustained either:

 

  • At work;
  • Travelling to or from work;
  • Visiting another work site or place for a matter relating to your work;
  • Working interstate or overseas;
  • While on a lunch break; or
  • Because of your work role.

 

A worker may also apply for compensation if the worker’s pre-existing condition is aggravated as a result of their work.

What if I was employed as a contractor or subcontractor when I was injured at the mine site?

Technically speaking, contractors and subcontractors do not have access to cover under the Workers’ Compensation and Rehabilitation Act 2003 (Qld) insurance scheme.

However, with respect to contractors, even if you or your employer believe your status was that of a contractor at the time of your injury proper analysis of the nature of your work and your working relationship may prove that you were in fact a worker. On the basis of this, you would be entitled to compensation under the WorkCover insurance scheme.

If however, you were a contractor or a subcontractor at the time of your injury, you may be able claim for your personal injury via the Personal Injuries Proceedings Act 2002 (Qld).

There are strict timelines that apply in relation to these claims so we recommend that you call East Coat Injury Lawyers on 1300 720 544 to organise a free, initial consultation with one of our Accredited Personal Injury Law Specialists.

In this initial, free consultation, we will provide you with advice in relation to timelines, the likelihood of the success of your claim, the best course of action and approximate costs.

What compensation am I entitled to?

Once your worker’s compensation claim has been accepted, the insurer will pay for your:

 

  • Initial medical treatment and assessment,
  • Rehabilitation, or
  • Lost wages.

 

You will continue to receive this compensation until you have reached a level of maximum medical improvement. This does not necessarily mean that you are no longer experiencing any symptoms of your injury but rather you have improved as much as you possibly can.

Contact East Coast Injury Lawyers on 1300 720 544 to organise a free consultation with one of our Accredited Personal Injury Specialists so that we may advise you of your rights, entitlements and the best course of action given your circumstances.

What is the difference between a compensation claim and a damages claim?

Compensation Claim: Once it is established that you were a worker at the time of your injury, you were injured at work and your compensation claim is accepted by the insurer, the insurer will provide you with appropriate treatment, rehabilitation and compensation for lost wages.

Damages claim:

If you were:

üA worker;

üInjured at work or as a result of your work;

üinjured as a result of the negligence of either your employer or a co-worker;

then you have the option of pursuing a claim for damages in addition to your claim for compensation.

As part of the compensation claim process you may be offered a lump sum amount. If you accept this lump sum offer then you may be prevented by legislation from making a damages claim. Thus, it is essential that you speak with an Accredited Personal Injury Law Specialist to both understand your rights in relation to whether you have either a compensation claim and/ or damages claim and also before accepting any lump sum offer made in the Notice of Assessment.

What can I claim for as part of my damages claim?

You can claim for:

  • Past and future out of pocket medical expenses such as medications, medical treatment, rehabilitation, physiotherapy, surgery, ergonomic equipment aids etc;
  • Damages for pain and suffering (loss of enjoyment of life);
  • Past and future loss of wages and other income, including superannuation;
  • Household and personal care and assistance provided by a friend or relative for free; or
  • Paid services for household assistance i.e. cleaner, gardener, ironing aid, car detailer, pool cleaner etc.

How much is my claim worth?

It is difficult to accurately predict the amount of compensation that any injured worker may receive. A number of factors relating to the injury may influence the outcome of your claim including:

 

  • If statutory limitations were in effect with respect to the date of your injury;
  • The circumstances of your injury;
  • The nature and extent of your injury;
  • The impact the injury had on your personal circumstances; and
  • How well you responded to treatment and rehabilitation etc.

 

East Coast Injury Lawyers operates on a “No Win No Fee” basis and has years of experience in relation to successfully negotiating the worth of our client’s compensation and damages’ claims. Contact us now on 1300 720 544 or organise a free, initial consultation with one our Accredited Personal Injury Law Specialists about your injury.

How much time do I have?

Generally speaking, you must successfully lodge a compliant compensation claim within three (3) years of the accident date. There are certain exceptions, such as over period of time claims, where time limits may be shorter.

To protect your rights, call us now on 1300 720 544 to arrange for a free, consultation with one of our Accredited Personal Injury Law Specialists.

What if my claim has been rejected by WorkCover or QComp?

We have significant experience in successfully overturning decisions in situations whereby our client’s claims were initially rejected.

Strict time limits do apply so we recommend contacting East Coast Injury Lawyers now on 1300 720 544 to organise a free, initial consultation with one of our Accredited Personal Injury Law Specialists to advise you on your best course of action.

How much will I have to pay?

Our firm operates on a “No Win No Fee Basis Guarantee”.

Contact East Coast Injury Lawyers now on 1300 720 544 to organise a free, initial consultationwith one of our Accredited Personal Injury Law Specialists. In this initial, free consultation, we will provide you with advice in relation to timelines, the likelihood of the success of your claim, the best course of action and approximate costs.

Free Instant Case Review

    • No Win, No Fee
    • No upfront payments
    • Free initial consultation
    • Home visits
    • Hospital visits
    • Videoconference meetings (via Zoom or Microsoft Teams) where preferred
    • After hours visits
    • 30% cap on legal fees
    • No uplift fees charged
    • No litigation lenders or interest charges on outlays / disbursements
    • Complete confidentiality
    • Immediate assessment of your claim

    *Strict time limits apply when making a claim. Do not delay.

    Managing Director

    Sean Delpopolo

    Sean Delpopolo

    Sean is a Queensland Law Society Accredited Specialist in Personal Injury Law.*

    Sean specialises in work injury claims, workplace injury claims, motor vehicle accident injury claims, motorcycle accident injury claims, other road accident injury claims, brain and head injury claims, spinal injury claims, public liability injury claims, death and fatal injury claims, psychiatric and psychological injury claims and total and permanent disability claims.

    He has been running personal injury claims in Queensland for over 25 years. Sean founded our firm in 2004 and the firm has grown and gone from strength to strength on the background of outstanding service, incredible results and charging really fair fees.

    With an innate sense of fairness and justice, this motivates Sean and his team to do everything they can to ensure that the results they achieve for their clients are something that they can all be proud of. In Sean’s mind, the interests of the firm’s clients come first, before anything else, and this value has flowed on through to the entire team.

    As a father of two daughters, Sean understands that his clients’ personal injury claims can make a huge difference to their lives and the lives of those around them. This is why he has made it his life’s work to fight for the “little guy” to obtain the compensation they deserve.

    * To find out more about what it takes to become an Accredited Specialist click here.

    Director

    Helen Ashton

    Helen Ashton

    Helen is a Queensland Law Society Accredited Specialist in Personal Injury Law.*

    As an Accredited Specialist in Personal Injury Law, having been awarded the highest achiever award for the course in 2015, Helen has a high level of knowledge and technical expertise. Admitted as a Solicitor of the Supreme Court of Queensland in 2001, she also has extensive experience in running all types of personal injury claims.

    Helen specialises in work injury claims, workplace injury claims, motor vehicle accident, motorcycle accident injury claims, other road accident injury claims, medical negligence claims, construction accident claims, mining accident claims, public liability injury claims, death and fatal injury claims, psychiatric and psychological injury claims and total and permanent disability claims.

    Helen has a friendly and approachable personality and strives to ensure that her clients are kept well informed and are provided with quality and practical legal advice.

    As a mother of three young children, Helen understands the impact events can have on a family unit and works proactively to achieve the right result for her clients in the shortest possible timeframe. Helen has the ability and the experience to assist clients with a wide variety of claims, including any personal injury claims with a high level of complexity and those that have had catastrophic consequences.

    * To find out more about what it takes to become an Accredited Specialist click here.

    Special Counsel

    Nickelle Morris

    Nickelle Morris

    Nickelle is an expert in personal injury claims and has been recognised by the Queensland Law Society as an Accredited Specialist in Personal Injury Law.* She was awarded the highest achiever award for the accreditation course which she completed in 2022. Nickelle was also a finalist in the Special Counsel of the Year category in the Australian Law Awards in 2019.

    Nickelle has been practising exclusively in personal injury litigation for over 20 years. She has extensive experience in catastrophic claims and fatality claims across all practice areas.

    Nickelle specialises in catastrophic injury claims (including traumatic brain injuries, acquired brain injuries and other head injuries, amputations, severe burns and spinal cord injuries resulting in tetraplegia, paraplegia and the like), National Injury Insurance Scheme (NIISQ) claims, work injury claims, workplace injury claims, motor vehicle accident injury claims, motorcycle accident injury claims, other road accident injury claims, public liability injury claims, medical negligence claims, death and fatal injury claims, psychiatric and psychological injury claims and total and permanent disability claims.

    Nickelle prides herself on being a technical, yet practical and compassionate lawyer. She takes her time to understand her client’s situation and to ensure that they have an understanding of their rights and entitlements. Nickelle is a tenacious and passionate advocate for her clients and is dedicated to being proactive in ensuring her client’s needs are met and achieving the best outcome for her clients.

    Outside of work, Nickelle is a mother of two children and is a member of a number of committees both within the legal industry and community.

    * To find out more about what it takes to become an Accredited Specialist click here.

    Special Counsel

    Barry Mcgee

    Barry has always loved a spirited debate, and, with over 20 years specialising exclusively in personal injury litigation, his passion, skill and ability to assist his clients is well known throughout the Queensland profession.

    Barry specialises in work injury claims, workplace injury claims, motor vehicle accident injury claims, motorcycle accident injury claims, other road accident injury claims, construction accident claims, mining accident claims, public liability injury claims, death and fatal injury claims, psychiatric and psychological injury claims and total and permanent disability claims.

    Barry’s legal career began in his native Scotland, where he qualified as a Solicitor in 1998. Upon qualifying, he worked for a boutique practice, and then a top-tier national firm, representing a number of different insurers across a variety of industries. With years of working for insurers under his belt, Barry is able to see matters through the eyes of his legal opponents. Forewarned is forearmed, as they say!

    He was admitted to practice by the Supreme Court of Queensland in 2007. In Australia, he commenced working for a large national firm, where he spent 15 years practicing in personal injury litigation. He was made a Partner of the firm in 2011 and spent 11 years as the firm’s dedicated in-house Special Counsel. As Special Counsel, Barry provided expert advocacy and strategical advice and assistance to the firm’s personal injury lawyers and clients of the firm alike.

    Barry has significant and extensive experience across a wide variety of personal injury claims. He is compassionate, personable and straightforward, with a keen sense of what is fair and just and a reputation for not settling for anything less than his client deserves.

    Outside of work he enjoys surfing, the outdoors, music and spending time with his wife and 3 young children.

    Special Counsel

    Charlotte Evans

    Charlotte has practised exclusively in personal injury compensation litigation for over 20 years.

    Charlotte specialises in sexual abuse claims, work injury claims, workplace injury claims, motor vehicle accident injury claims, motorcycle accident injury claims, other road accident injury claims, construction accident claims, mining accident claims, public liability injury claims, death and fatal injury claims, psychiatric and psychological injury claims and total and permanent disability claims.

    She is committed to fighting for the rights of plaintiffs and helping her clients through the legal maze, to achieve outcomes that put people back in control of their lives. She has had experience in taking a number of personal injury cases to Trial and winning hard fought cases for her clients and she does not shy away from a challenge.

    Charlotte has a friendly and approachable personality and strives to cut through the legal jargon to make the personal injury claim process understandable for her clients whilst ensuring that her clients are also kept well informed throughout their claim.

    Out of the office Charlotte is a busy Mum, who now enjoys the privileges of living in beautiful Queensland and making the most of all it has to offer.

    Special Counsel

    Prue Prescott

    Prue has been running personal injury claims for nearly 20 years. This has involved acting for injured claimants in most areas of personal injury law including workers’ compensation injury claims, motor vehicle accident injury claims, public liability injury claims, death and fatality claims, psychiatric injury claims, National Injury Insurance Scheme (NIISQ) claims and total and permanent disability claims.

    Prue enjoys handling the more complex claims, such as traumatic brain injury, fatal injury and nervous shock claims, as well as claims involving complex legal principles. Prue seeks to use her Masters qualification in writing and literature to tell each and every client’s individual story, ensuring they are treated fairly by insurers and that they obtain the compensation they deserve.

    In 2019, Prue was nominated by the Women Lawyers Association of Queensland Inc as an Inspirational Lawyer.

    Outside of work, Prue is a busy mum of boys but also tries to find the time to read, write and explore nature.

    Office Manager

    Julie Hollonds

    Julie is a highly dedicated and experienced office manager who has been an integral part of our team for the past 14 years. Bringing a wealth of knowledge with over 35 years of experience in administration, Julie keeps our office running smoothly and efficiently.

    Outside of work, Julie loves to walk, snorkel, spend time with friends and explore the beautiful Northern Rivers region of New South Wales.

    Legal Assistant

    Aleisha Harrigan

    Having worked as a legal assistant for over five years, Aleisha has a wealth of experience in the field of personal injury. Since joining East Coast Lawyers, she has been an essential part of providing invaluable support to solicitors and our clients. Her abilities extend beyond legal matters with Aleisha providing training to our assistants and administrative team, and streamlining processes and procedures, ensuring that the workflows operate smoothly and effectively.

    Outside of work, Aleisha has a passion for reading and music. She can often be found immersed in a good book or a live concert. She values spending quality time with her family, friends and her beloved dog, Kevin.

    Legal Assistant

    Kym Arrowsmith

    Kym is a knowledgeable legal assistant with fifteen years of expertise in the field of personal injury law. She is passionate about supporting clients through the process and obtaining the best possible outcome for them. As a valued member of our team, Kym takes pride in her work and is committed to sharing her extensive experience and knowledge with our other team members.

    When Kym is not busy with work, she loves spending time with her family and friends, and enjoys discovering new places, whether it be through the pages of a biography or on her push bike.

    Legal Assistant

    Alece Turner

    Alece is a law student who is extremely motivated and passionate about personal injury law. She is hardworking, and always strives to produce the best possible results for our clients.

    Her dedication and eagerness to learn more about the law makes Alece a great addition to our team.

    When not working or studying, she loves spending time with her son at the beach or at one of our amazing theme parks.

    Legal Assistant

    Georgia Ryan

    Georgia recently joined the team in February 2023 and has been working within the industry for the last three years. She is enthusiastic about helping new and existing clients, and with her bubbly personality and can-do approach makes her an excellent addition to our team.

    Raised in Tasmania, Georgia moved to Queensland in early 2017 and hasn’t regretted it since. She loves the warm weather and lifestyle. Outside of work, Georgia loves travelling, dining out and spending time with family and friends.

    Legal Assistant

    Claire Rezny

    Claire is one of our hard working and devoted Legal Assistants. With over 25 years’ administrative experience, her attention to detail, willingness to help others, and calm demeanour makes her a real asset to our team.

    Claire is well travelled and, during her time in the USA, Claire discovered a newfound love for reading, which led her to become a proofreader for several published novels. Claire also enjoys landscape and wildlife photography and spending time with her family and puppy.

    Receptionist and Administrative Assistant

    Ella Donnelly

    Meet Ella, our receptionist and administrative assistant, with a passion for law and criminology. She is currently working towards a career in the police force. Ella is always eager to help others and is dedicated to providing excellent customer service to our clients.

    Ella’s bubbly and outgoing personality shines, making her a perfect receptionist. Despite her busy timetable with working and studying, Ella finds time to pursue her love of acting. Being a performer at heart, Ella has had a chance to showcase her natural flair for the arts in theatre productions.

    RECEPTIONIST AND ADMINISTRATIVE ASSISTANT

    Shayla Riley

    Shayla joined our team in September 2023, coming from an extensive background in customer service.

    Shayla is a law student who is very passionate about personal injury law. With her bubbly personality and can-do attitude this makes her the perfect person for her administration support role.

    When Shayla is not in the office you can find her enjoying all things outdoors, getting lost in a good book or spending time with her two rescue dogs Bear and Ella. 

    RECEPTIONIST AND ADMINISTRATIVE ASSISTANT

    Brooke

    Meet Brooke, our receptionist and administration assistant. Brooke has over 3 years’ administration experience in personal injury law and is eager to provide high quality customer service to our clients.

    Brooke finds joy in helping others and is extremely hard working making her a real asset to our team.

    Out of the office you may find Brooke at a racetrack as she has a passion for fast cars. Brooke also likes spending her time enjoying outdoor activities such as swimming and hiking but will never pass up the opportunity to indulge in some retail therapy.