Black lung compensation claims
Decades after the disease was thought to have been eradicated, black lung, also known as Coal Workers’ Pneumoconiosis (CWP), has returned to Australian coalfields, with a number of cases identified since 2015. While compensation for black lung won’t undo its damage, it will facilitate access to health care that will make living with the disease easier.
Hall Payne has significant experience and knowledge relevant to the mining industry to expertly assist anyone affected by black lung. We are the leading law firm in this area, with a strong track record in obtaining compensation for black lung victims and challenging claims rejected by insurers.
We can act on a ‘no win no fee’ basis and offer a free initial consultation and discounted rates to CFMMEU members.
What can I do if I’ve been diagnosed with black lung?
If you are diagnosed with black lung (or any other dust related disease), contact us directly discuss compensation or contact your union to get a referral.
What compensation might I be entitled to if I have black lung?
If you have been diagnosed with black lung then you or your family may be entitled to workers compensation or common law damages in Queensland, which can include payments for:
- loss of income
- medical expenses
- pain and suffering
- past and future economic loss
- loss of superannuation
- out-of-pocket expenses
Entitlements vary from case to case, and the best way to know if you have a claim worth pursuing is to get advice from a lawyer experienced in working with those suffering from black lung.
I haven’t worked for years and have just been diagnosed with black lung. Can I still make a claim?
Black lung has a long latency period, meaning that symptoms may not present for 10 years or more.
If you’re diagnosed years after you finished work, you have 6 months from the date you were diagnosed to make an application for compensation. Other conditions also apply.
When should I make a claim?
If you are diagnosed with black lung, specific timeframes apply.
Any application for workers compensation must be lodged within 6 months from the date you were diagnosed with the condition.
Other conditions also apply, so contact Hall Payne for a free initial consultation to discuss your eligibility and all other aspects of your claim.
How long will my claim take?
Every claim is different.
Once the specific circumstances of your situation are known, one of our lawyers can provide an estimate of the likely timeframe that may apply to your matter, and will continue to update you as the matter proceeds.
What if my claim is rejected?
It is not uncommon for a claim to be rejected in the first instance.
Hall Payne has a strong track record of successfully challenging unfavourable decisions.
If your claim is rejected you have a right to a review of the decision by the Workers Compensation Regulator. Time limits apply, and you have 3 months to lodge an application with the Regulator. It is important to obtain legal advice before you lodge your Application for Review.
Engaging a lawyer early in the review process will increase your chances of successfully overturning an unfavourable decision. At Hall Payne, we can help you navigate the review and appeal process and protect your entitlements.
How much will it cost to make a claim?
Hall Payne will provide you with a free initial consultation to discuss your injury and the circumstances in which it arose.
We will provide an estimate of legal costs once we’ve spoken with you. If we consider you have prospects of winning your case we will represent you on a ‘no win, no fee’ basis which means you don’t pay our legal fees unless you win.