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.
