Mining Accident Compensation Claims

f you need help for any type of WA work accident claim, including accidents at mining sites, building sites, constructions sites and any other workplace environment then I can offer you a free first appointment in person, by phone, or by email to assess your claim.

If I assess that your claim is will likely result in a payout, and I agree to take it on for you, then you have no need to worry about fees.

In those circumstances I will offer you my no win no fee service to run your claim with fees only payable upon your case being settled for a lump sum. No fees will be payable along the way to settlement of your claim and in most of cases most of your legal fees will be covered by the insurer over and above your settlement when your claim settles.

You will receive a full explanation of my no-win no fee law service at your first appointment.

If you have a valid negligence claim, then the compensation you are entitled to can include:

1. General damages for pain and suffering, loss of enjoyment of life and loss of amenities.

2. Loss of earning capacity (including superannuation) both past and future;

3. Hospital, surgical, medical, pharmaceutical and other treatment expenses both past and future;

4. Services of a nursing and domestic nature whether paid or gratuitous both past and future;

5. Travel expenses

If your claim is against your employer or a fellow employee, then the amount of damages you can be awarded will be subject to restrictions. You will not be able to commence a claim for damages if your whole person impairment ("WPI") is less than 15%. If your WPI is no less than 15% but is less than 25% then you will be able to pursue a claim for a restricted amount of common law damages. If your WPI% is no less than 25% then your damages will be unrestricted.

If you claim is against another person or company, then no such restrictions will apply to your ability to commence a claim for damages or to the amount of damages you can be awarded.

Yes, time strict limits do apply to mining compensation claims.

If you have a valid negligence claim against you employer or a fellow employee, then court proceedings must be commenced before 3 years has elapsed from the date of the accident, but you can only commence court proceeding if you first obtain a WPI of no less the 15%, that assessment is recorded at WorkCover, you elect to pursue common law damages and that election is registered is registered at.

If you have a negligence claim against another person or company, then court proceedings must be commenced before 3 years has elapsed from the date of the accident.

If time limits are not strictly adhered to for recording WPI assessments, registering elections and/or commencing court proceedings you will forever lose your right to obtain compensation.

Contact me as I have specialist legal knowledge and experience in work accidents whether it be on a mine site, building site, constructions site or any other workplace environment to help you preserve and secure your rightful compensation or damages claim.

For all types of work accident that occur In WA including accidents at mining sites and any other workplace environment the compensation that the negligent party is liable to pay you (whether that party is an employer or another party) is almost always covered by an insurer that will pay your compensation or damages.

If you have a valid negligence claim for a work accident, whether it occurred at mining site or any other workplace environment, then then it is likely you will be entitled to a payout.

Compensation entitlements for such claims are payable by way of a once and for all lump sum payment. In most cases the lump sum is in an amount negotiated and settled with an insurer. In a small number of cases that are not settled and proceed to court the lump sum amount is decided by a judge after trial.

If apart from your negligence claim you also have a workers’ compensation claim, then you will be entitled to be paid your workers' compensation benefits prior to finalisation of your negligence claim. All your rightful compensation not already covered by workers’ compensation will be paid when your negligence claim is finalised by way of a once and for all lump sum compensation payment.

If you do not have a workers’ compensation claim, then it is almost certain the insurer will not pay any entitlements, not even medical expenses, prior to finalisation of your negligence claim. In those circumstances all of your rightful compensation will be paid when your common law damages claim is finalised by way of a once and for all lumps sum compensation payment.

Do not speak to or to give a statement an insurance investigator without first getting expert advice from a lawyer regarding any mining accident negligence claim.

I have specialist legal knowledge and experience in work/ industrial/ mining/ building site/ construction site negligence claims, and I know whether it is in your interests to speak to or give a statement to an insurance investigator.

Contact me if an insurance investigator wants to speak to you and I can help you.

This is not a simple question to answer. There are many considerations, such as;

• Whether you have a valid claim
• Whether the accident was entirely the fault of your employer or another party.
• Whether you were partly to blame for the accident
• The evidence obtained by WorkSafe or DMIRS if the accident was the subject of an investigation or prosecution.
• The nature and extent of the injuries you suffered in the accident
• The effect the injuries have had and will continue to have upon your general way of life, your earning capacity, service needs and treatment needs.
• How long lasting your injuries are and whether they are likely to be permanent.
• Whether you had any pre-existing injuries or condition
• The strengths and weaknesses of any medical or other evidence obtained by the other side
• If your negligence claim is against you employer whether you have a restricted or unrestricted claim for damages.

Contact me if you have made a claim for a work accident on a mining site, building site, construction site or any other workplace environment as I have the experience and specialist legal knowledge that you need to get the right advice on what your claim is worth and to secure your rightful compensation payout.

Generally, most negligence claims for injuries suffered in work accidents including accidents on mine sites, building sites constructions sites or any other workplace environment, even for fairly significant injuries can be finalised between 18 and 24 months from the accident date. Other injuries, for example those requiring multiple operations, serious spinal injuries and head injuries can take longer than that.

Your case should only be settled when it is in your best interests to do so. Generally, that will be when your injuries have reached medical stabilisation. That means you recovery has reached a point where you condition is unlikely to change with or without additional medical treatment. At that point a medical specialist can give an opinion with a fair degree of confidence as to the likely long-term effects your injuries will have upon you, including your general way of life; your work capacity; your future need for medical, pharmaceutical and other treatment; and/or your future need for services of a nursing or domestic nature.