Coal Miners Pneumoconiosis (Black Lung)
The Shocking Return of Black Lung in Australia
- Inadequate Dust Control: Companies failing to properly monitor and suppress airborne coal dust levels to below legal limits.
- Poor Ventilation: Insufficient airflow in underground mines, leading to concentrated levels of dangerous dust.
- Insufficient Health Monitoring: A failure in the medical screening process to detect the early signs of the disease in workers.
Symptoms: Recognising the Signs of Black Lung
- Persistent cough, which may produce black sputum (mucus).
- Shortness of breath, especially with physical activity.
- Tightness in the chest.
In its more advanced form, known as Progressive Massive Fibrosis (PMF), the scarring on the lungs becomes severe. At this stage, symptoms are life-altering and can include:
- Chronic and severe shortness of breath, even when resting.
- Disabling cough and frequent chest infections.
- Pulmonary hypertension and right-sided heart failure (cor pulmonale).
Securing Your Future: Compensation for Black Lung
1. Statutory Workers’ Compensation
- All medical expenses for life, including specialist appointments, medication, and oxygen therapy.
- Weekly payments to cover lost wages if you are unable to work.
- A lump-sum payment for your level of permanent impairment.
2. Common Law Damages Claim
- Pain, suffering, and loss of enjoyment of life.
- Past and future economic loss, including lost wages and superannuation.
- The cost of future medical treatment and care.
- Payment for domestic assistance provided by family members or professional services.
Why You Need a Specialist Dust Disease Lawyer
Navigating the complex medical and legal requirements to prove your case requires a lawyer with specific expertise in this area.
Tanya Segelov has spent her career working in dust disease claims. We have a deep understanding of the coal mining industry and a proven track record of securing maximum compensation for workers with CWP. We handle everything, from gathering your work history and engaging world-class medical experts to fighting for you in court, so you can focus on your health.
Contact us for a free, confidential, and no-obligation discussion about your rights.
FAQ
While the law is different in different States, a number of Australian States have amended the law so that there is no time limit in which to commence a claim in respect of a dust disease. However, in order to recover damages for pain and suffering and loss of expectation of life, the claim must normally be commenced in the person’s lifetime.
It is crucial to obtain advice as soon as you are diagnosed with a dust disease.
Your entitlement to bring a claim arises from where you were exposed to a dust, not where you now live. We have acted for many clients who have moved from Australia and have lived in New Zealand, the United Kingdom, the United States, Greece and other countries when they have developed dust diseases.
We maintain relationships with lawyers in many countries which enables us to effectively represent overseas based clients.
We act on a “no win/no fee” basis in all dust disease cases.
As soon as practicable after receiving your instructions, we will issue you a costs disclosure. That document will set out the terms on which we will act.
We will undertake a through investigation, which may include obtaining medical or other reports prior to commencing proceedings and in order to provide you advice on the merits of your claim. We will pay for these items.
We will only recover our fees if you are successful in your claim.
You will not be charged any money up front. We will pay all of the disbursements incurred in litigating your claim and we will recover the disbursements and our costs billed on a time basis at the successful completion of your claim. As part of your settlement or judgement the defendant will pay your party/party costs which cover 70 to 80% of your costs.
Please see our Fee Policy in mesothelioma and other dust disease matters page for more information.
If you were exposed to a dust as a worker in New South Wales and you develop a dust related condition you can apply to the DDA for compensation. An application to the DDA is in addition to any common law claims for damages. You can (and most people do) do both.
If your claim is accepted you will have a right to a pension and to have all your medical, hospital, pharmaceutical, nursing and nursing aids and equipment costs associated with he asbestos disease paid. The DDA will also pay for travel expenses and assistance required around your home and garden. You do not need to live in New South Wales at the time you develop the condition, although any exposure to a dust that occurred outside of New South Wales may lead to a reduction in the amounts payable.
Related Articles
Book a Free Case Assessment
Start the compensation process by arranging a free case assessment.
In the free initial case assessment we will obtain general information and provide preliminary advice on whether we believe you are likely to have a claim for compensation, the value of any claim and our costs in the event you were to instruct us.
The case assessment is usually via phone (we will call you at the arranged time) or by video conference (such as Zoom or Teams).
There is no cost associated with this case assessment, nor any obligation to instruct us in your matter.