Our client was an electrician injured whilst working in/around a coal mine.
FACTS OF ACCIDENT IN/AROUND COAL MINE
Our client and his crew were instructed to replace electrical cabling which had been damaged in the coal mine. The cable to be replaced was extremely thick and very heavy. The length of cable weighed around 3 tonnes. In the past when this task had to be performed, two crews were engaged to lift, carry and place the cable into position.
This information was explained to the boss who just wouldn’t listen. Our client and his team of three fellow workers were told to “get on with it”. As our client and his team struggled with the cable on their shoulders, it became snagged and our client fell to the ground suffering a serious injury to his back.
SPECIAL POSITION OF WORKERS INJURED IN/AROUND A COAL MINE
A meeting was arranged for our client to have a Free Case Assessment carried out by Simon Meigan who is an Accredited Specialist in Personal Injury and Partner here at Taylor & Scott. Simon was able to explain to his client that he fell into a special category of workers who were not restricted by the workers compensation legislation which prevents injured workers from bringing work injury damages claims if their injuries don’t exceed the 15% whole person impairment threshold. He was also able to explain to his client that the damages that he would be able to claim on his behalf, far exceeded the damages that a normal worker who brings a work injury damages claim can claim.
Simon agreed to act for his client on a no-win/no-pay basis meaning that if his client didn’t win the case, Taylor & Scott would not be paid.
Simon was able to claim damages under the following categories for his client:
- A lump sum for the injuries and disabilities that he had suffered in the accident.
- A lump sum to cover his loss of income past, present and up to his retirement.
- A lump sum to cover his medical expenses past, present and into the future.
- A lump sum for the gratuitous care provided by our client’s wife and other family members.
ACTION TAKEN BY OUR EXPERTS IN NEGLIGENCE CLAIMS
Simon and his team launched a negligence case against the employer in the Supreme Court of NSW. In the claim, they alleged that the employer had:
- Failed to adopt a safe system of work.
- Failed to look after the safety of the workers.
- Breached Occupational Health & Safety Regulations.
The claim eventually came to a settlement conference. At the conference, Simon and his team were able to negotiate a very substantial settlement package for their client ensuring financial security for him and his family.
If you suffer an injury in and around a coal mine, speak to the experts in negligence claims for injured workers here at Taylor & Scott. It does not matter if you are not employed by the mine, you have special rights that most workers in NSW don’t enjoy. Ring Simon Meigan and his team on 1800 600 664 or complete the Contact Form on this page. Let our team of expert negligence claim lawyers help you to a better future.
At Taylor & Scott “We Care For You”.