Increase in Compensation – Black Lung Disease

On 31 August 2017 the Queensland Government amended the Workers’ Compensation Legislation to provide additional compensation rights for workers diagnosed with Pneumoconiosis (Black Lung Disease).  The amendments apply more generally to a range of respiratory diseases caused by exposure to coal dust.  Examples included in the definition of coal mine dust disease are:-

• Chronic obstructive pulmonary disease
• Coal workers’ pneumoconiosis (black lung)
• Dust related diffuse fibrosis
• Mixed dust pneumoconiosis

As a pre-condition to be eligible a worker is required to show away an exposure to coal dust at their place of employment for a total period of six (6) months.  The six (6) month period is not required to be continuous.

The amendments allow for workers to receive additional lump sum compensation up to $120,000.00.  Another important change is that, unlike the normal situation with workers injured in Queensland, acceptance of lump sum compensation for a dust lung disease will not stop a worker from seeking common law damages.  The amendments also include provisions enabling re-opening of claims for compensation for workers who have already received lump sum compensation and in certain circumstances also for workers who may already have received a damages settlement.

For further information regarding dust diseases and compensation rights, please contact Gene Paterson, Darren Sekac or Stuart Naylor of our office.