How Do Workers’ Compensation Claims Work in the Mining Industry?
Particularly in the mining industry, work can be a major risk factor when it comes to physical injury. However, despite the sometimes perceived more inherent physical risks, ALL workers in the mining industry in WA have workers’ compensation rights.
With the mining industry directly employing over 260,000 workers Australia wide and notably over 4,000 in Mandurah (Mining and Construction), this is a significant local issue.
Whether you are a full-time employee, sub-contractor, part-time worker or casual, if the courts consider you dependant on the employer for suppling work, then you can be entitled to workers’ compensation.
And this is not just specific to physical injury. Quite often in the mining industry, it will be a part of the worker’s duties to travel to work sites. If an accident occurs on the way to a work site in a work vehicle, the worker may be entitled to workers’ compensation.
There is also the issue of emergencies. Commonly in these physical industries emergency situations such as mechanical breakdowns, issues with chemicals or even explosions can occur. These circumstances may require one worker to come to the aid of another. If you are injured whilst acting in the course of an emergency at work, performing activities that do not necessarily form part of your normal duties, you may still be entitled to compensation.
Sometimes injuries do not occur immediately. Conditions including strain, over-use or stress-related conditions and conditions developed through the inhalation of fumes and gases etc. can be claimable. It is quite common for truck drivers in the mining and construction industry to gradually develop back problems due to driving on bumpy, rough and uneven surfaces.
Unfortunately, workers in the mining and construction industry can be witness to some horrific situations which can contribute to psychological symptoms. Whether the psychological condition is a claimable injury or not depends on many factors and whether the psychological injury was a primary or a secondary injury.
Do I Need a Workers’ Compensation Lawyer?
The law is designed to protect workers who are injured during the course of their employment. Specialist advice is essential to a person in the mining industry as injuries are varied and can be very complicated when it comes down to cause.
It is no secret that mining is a high-risk industry but this does not negate the responsibility of your employer from workplace negligence.
If you have been injured in the workplace and made a claim and unsure of your rights, please contact us here. Your first consultation is free.