Mining sites are some of Queensland’s most hazardous workplaces. If you have been injured while working on a mine site, you may be entitled to compensation from multiple sources.
In many cases, you may have:
- A statutory claim through your employer’s workers’ compensation insurer (such as WorkCover Queensland or a self-insurer), under the Workers’ Compensation and Rehabilitation Act 2003 (Qld) (WCRA); and
- In addition to statutory compensation, many mining injury cases involve one or more common law negligence claims.
At Roche Legal, we have extensive experience handling these complex hybrid claims. We understand how Queensland’s workplace, mining, and personal injury laws operate together to protect injured workers.
How Do Mine Site Injury Claims Work?
When a mine site worker is injured, there are typically two separate pathways for compensation:
1. Workers’ Compensation Claim (WCRA)
Workers’ compensation provides statutory benefits regardless of fault, including:
- Medical treatment and rehabilitation expenses
- Weekly income payments while you are unfit for work
- Lump sum offers for permanent impairment
However, these statutory benefits are limited and often do not fully compensate for long-term losses, pain, or financial harm.
2. Common Law Negligence Claims
In many mining injury cases, there may also be one or more common law claims for negligence:
(a) Common Law Claim Against Your Employer (WCRA)
If your employer failed to take reasonable care for your safety – for example by failing to provide proper training, supervision, equipment or safe work systems – you may have a common law claim for damages under the Workers’ Compensation and Rehabilitation Act 2003 (Qld).
(b) Common Law Claim Against the Mine Operator or Others (PIPA)
Separately, the mine operator may also be liable under the Personal Injuries Proceedings Act 2002 (Qld) where broader site-wide safety failures contributed to your injury.
It is common in mine site accidents for multiple parties to share responsibility. These hybrid claims require careful investigation and legal management to ensure that all responsible parties are held accountable.
Who Can Be Held Responsible?
Depending on the circumstances of your injury, you may have claims against:
- Your employer (under WCRA)
- The mine operator (under PIPA)
- Plant or equipment manufacturers
- Other contractors or third parties involved in site safety
Roche Legal has experience in identifying and pursuing all responsible parties in complex mining injury claims.
How Are Employers Liable?
Under the Work Health and Safety Act 2011 (Qld), employers and businesses are required to ensure, so far as is reasonably practicable, the health and safety of workers while at work.
Where an employer fails to provide a safe system of work, proper training, supervision or equipment, they may be held liable for negligence if an injury occurs.
How Are Mine Operators Liable?
Mine operators in Queensland have significant legal duties to ensure site-wide safety. They have extensive legal obligations under the Coal Mining Safety and Health Act 1999 (Qld) (for coal mines) and the Mining and Quarrying Safety and Health Act 1999 (Qld) (for other mine sites and quarries).
These laws require mine operators to:
- Implement and enforce safe systems of work;
- Conduct proper risk assessments;
- Provide adequate supervision, training and equipment;
- Monitor and coordinate safety across all personnel on site.
Where these duties are breached and an injury results, mine operators may be legally responsible.
What Can I Claim?
If negligence is established, you may be entitled to claim damages for:
- Pain and suffering (general damages)
- Past and future income loss
- Loss of superannuation
- Medical, rehabilitation and pharmaceutical costs
- Medical-related travel expenses
- Domestic care and assistance received, and required in future
- Out-of-pocket expenses
In many cases, liability may be shared between multiple parties, and your damages may be apportioned accordingly.
We will carefully assess your injuries and losses to ensure your claim is maximised so that you receive full and fair compensation.
Are There Time Limits?
Yes. Strict time limits apply under both WCRA and PIPA. Generally:
- Workers’ Compensation Statutory Claim (WCRA):
- A statutory workers’ compensation claim (for example, to Workcover Queensland) must usually be lodged within 6 months of the date of injury.
- WCRA Common Law Claim (against employer):
- A common law negligence claim must usually be commenced within 3 years of the injury.
- Before suing, you must obtain a Notice of Assessment or meet the requirements for a deemed assessment.
- PIPA Common Law Claim (against mine operator or others):
- A Notice of Claim must be lodged within 9 months of the injury, or within 1 month of consulting a lawyer.
- Court proceedings must generally commence within 3 years of the injury.
Delays may prevent you from bringing a claim. Early legal advice is strongly recommended.
No Win No Fee Available
Roche Legal handles qualifying mine site injury claims on a No Win No Fee basis. Your first consultation is free and without obligation.
Contact Roche Legal Today
If you have been injured on a mine site, statutory workers’ compensation may only be part of your full legal entitlement. You may also have significant common law claims against your employer, the mine operator, or other parties involved.
Roche Legal is here to guide you through these complex claims and ensure you receive the compensation you deserve.
We have offices in Brisbane, Springwood, and the Sunshine Coast. Contact us today for advice tailored to your situation.