KEY FACTS: A coal miner’s entitlement to weekly benefits of compensation.
For injured coal miners in New South Wales, their entitlements to workers compensation differ from other workers. One such difference is the entitlement to claim and receive weekly benefits of compensation.
The law that applies to injured coal miners and those who have sustained an injury at a coal mine site allows a worker to potentially claim and receive compensation up until one year beyond their pensionable age.
A workers pensionable age is the age at which they are eligible to receive the aged pension.
A workers pensionable age is determined by a sliding scale imposed by the Australian Government and depends upon their date of birth. The sliding scale is as follows: -
Date of Birth - Pensionable Age
Before 1 July 1952 - 65 years
1 July 1952 to 31 December 1953 - 65.5 years
1 January 1954 to 30 June 1955 - 66 years
1 July 1955 to 31 December 1956 - 66.6 years
On or after 1 January 1957 - 67 years
If a worker has a pensionable age of 67 years for example, they have an entitlement to claim weekly benefits of compensation until 68 years of age, being one year beyond their retirement age.
At times we act for clients who may have suffered an injury after their pensionable age. For example, a worker may be working at the age of 68 years and sustain a work injury. In these circumstances, the worker would only be entitled to 52 weeks of weekly compensation from the date they sustain the injury and first become incapacitated.
A coal miner’s entitlement to weekly compensation is not dependant upon any assessment of impairment, such as a Whole Person Impairment (WPI), which is applicable in other systems. There are certain criteria which must be met, however. In a general sense, so long as the worker has either a total or partial incapacity to perform pre-injury duties because of the work injury, weekly payments are payable.
A coal miner is also entitled to claim ‘make up pay’ until one year beyond retirement age in circumstances where they may have left the mining industry and working elsewhere earning less.
It is important to note that a coal miners’ entitlement to claim weekly payments is in addition to their entitlement to be covered for medical and treatment expenses, and to claim lump sum compensation for permanent impairment and pain & suffering. A workers’ age does not impact on their ability to bring these claims.
If you have sustained an injury on a coal mining site in New South Wales and require expert advice, reach out to our friendly team today for a no obligation, initial consultation.