Miner left unable to work after suffering serious injuries

Date: Mar 24, 2017

A man who suffered a number of serious injuries while working in a mine has claimed he is unable to return to his job, leaving him potentially eligible for a total and permanent disability (TPD) claim.

The miner is pursuing damages against his employer for negligence due to the incident, which caused him to sustain permanent back, hip and pelvis problems, as well as anxiety and depression.

TPDs mean either an individual can't work again in any industry, or the person is incapable of performing a specific occupation for which they have the right training, experience and qualifications.

This can place significant strain on a family's finances, as they not only lose an income stream but also often have to pay for ongoing treatment costs and home modifications for disabled loved ones.

How the accident occurred

According to New South Wales District Court documents, the man was working in the mine when the rib coal – the coal located on the sides of the mine's tunnel – fell in on him.

The man was extracted from a pile of large rocks and stretchered to an ambulance. After three months, the plaintiff recovered enough to begin a return-to-work schedule, which involved gradually increasing his employment hours and responsibilities.

Despite some progress, the man's hip and back continued to hamper him and he was finally signed off work completely approximately two years after the initial accident.

If his employer is found negligent, the plaintiff could receive significant damages under public liability legislation. Furthermore, he may be offered a lump sum payment for his TPDs through his superannuation fund.

Making a TPD claim

TPD cover is commonly included in superannuation and insurance policies to provide financial support for people who are unable to return to the workplace due to a serious injury or illness.

A successful TPD claim usually results in a settlement based on lost income and superannuation, past and future treatment expenses, and a range of other costs. The claimant should also receive any superannuation they have accumulated thus far in their careers.

However, the TPD benefits process can be complex, and insurers may reject a legitimate claim. This is why many people seek the services of experienced personal injury lawyers to help them receive the financial support they believe is owed.

Please click here to contact Gerard Malouf & Partners Compensation, Medical Negligence & Will Dispute Lawyers for more information.

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