How Long Will My Coal Mining Compensation Claim Take in NSW?

Introduction: "I Just Want to Know When I'll Be Paid"

If you’ve been injured working in the coal mines of New South Wales, chances are you’re already feeling the weight - physically, emotionally, and financially. And while you might know you’re entitled to compensation, there’s one question that always looms large:

"How long will my claim take?"

We hear it from every injured worker who walks through our doors. And we get it.

When your bills don’t stop, your recovery drags on, and your future feels uncertain - waiting months (or years) for a payout feels like adding insult to injury.

In this blog, we’ll break down how long coal mining compensation claims actually take in NSW, the difference between statutory and common law claims, what can speed things up - or slow them down - and how we’ve helped injured workers just like you navigate the process and move forward with clarity and confidence.

Understanding the Two Types of Coal Mining Claims

The type of claim you make significantly affects how long it will take. In NSW, coal miners typically have access to two main types of claims:

1. Statutory Workers Compensation Claims (via CMI)

This is the no-fault scheme managed by Coal Mines Insurance (CMI). It’s designed to cover immediate and longer-term needs like:

• Weekly compensation for time off work

• Medical and treatment expenses

• Lump sum compensation for permanent impairment and pain and suffering.

CMI is the specialised insurer for the NSW coal industry, which operates under specific rules separate from the general workers compensation system. Timeframes here depend on how quickly:

• Your injury is reported and stabilised

• You are assessed for permanent impairment under the Table of Disabilities

• The insurer makes decisions on liability

In accepted cases:

• Initial payments can start within 2–4 weeks

• Lump sum permanent impairment claims (once your injury stabilises) can take 6–12 months

2. Common Law Claims (Negligence)

If your injury was caused by negligence - for example, faulty machinery or unsafe work practices - you may be eligible to sue your employer for damages under common law.

Unlike the statutory scheme, common law claims require you to:

• Prove that your employer or a third party was negligent

• Show that the negligence caused your injury

• Meet a legal threshold of injury severity, which is not based on WPI but assessed on legal and medical grounds, which is known as the ‘Legally Serious Injury Threshold’

Common law claims often take 12–24 months, as they require full medical stabilisation, detailed legal investigations, and often settlement conferences or court processes.

A Closer Look at the Statutory Scheme Timeline

Coal mining statutory claims are generally faster to commence than common law claims, because you don’t need to prove fault.

Here’s how it typically plays out:

Day 0 – Injury occurs
Day 1-3 – Report to employer, obtain a SIRA Certificate of Capacity from GP
Day 5-7 – Lodge Worker’s Injury Claim Form with employer and CMI
Day 7-21 – Insurer investigates and decides on liability
Day 21+ – Payments begin if accepted

If permanent impairment is involved:

• You must wait until your injury has medically stabilised (can take 3–6 months or more)

• Then you undergo an impairment assessment under the Table of Disabilities

• CMI then decides your eligibility for a lump sum payment

Estimated time to resolution: 3–8 months for accepted claims with minor injuries; 6–12 months for more complex injuries requiring impairment assessment.

How Long Does a Common Law Claim Take?

These claims are more involved because they require proving fault.

Here’s the typical timeline:

1. Medical Stabilisation (3–12 months): You generally can not begin a common law claim until your injury has reached a level of stability whereby it is possible to determine the seriousness of your injuries

2. Eligibility Check: A legal and medical threshold must be met (not WPI-based)

3. Liability Investigation: Your lawyer collects evidence like incident reports, witness statements, and safety protocols

4. Filing of Court Proceedings, Preparations & Negotiations (9–12 months): Claim is filed in Court and evidence exchanged with the idea of then participating in informal settlement negotiations to try to resolve the claim

5. Court or Settlement (if unresolved): If not resolved, the case may proceed to Court, adding another 6–18 months

Total time estimate: 12–24 months

While this sounds long, the compensation is often significantly higher and can include future loss of income and other damages not available under statutory compensation.

If you have an accepted claim for statutory benefits, your entitlement to weekly payments and medical expenses will continue whilst you proceed with the negligence claim.

Factors That Delay Claims

Even straightforward claims can hit bumps. Some common delays include:

• Disputes About Your Injury: Insurers may question your diagnosis or argue about the severity of your injury, or question whether it has been caused by work.

• Multiple Medical Assessments: CMI may require you to attend one or more Independent Medical Examinations (IMEs). Scheduling and receiving reports can take months.

• Incomplete Paperwork: Even small admin errors - like missing injury details on a claim form - can lead to rejections or delays.

• Liability Disputes: This is especially common in common law claims, where fault is contested.

• Poor Legal Guidance: Navigating the system alone or with inexperienced representation can slow your claim down significantly.

What Speeds Up a Claim?

Thankfully, there are ways to minimise delays and improve your outcomes.

• Get Legal Advice Early: Even before you lodge your claim, we can help you get the paperwork right and collect strong evidence.

• Stay on Top of Medical Treatment: Regular appointments and clear documentation help stabilise your injury faster and prove your case.

• Use a Specialist Lawyer: We understand the coal mining compensation scheme inside and out. That means faster negotiations, better prep, and less back-and-forth with CMI.

• Focus on Evidence: We make sure your claim is backed by:

  • GP and specialist reports

  • Physiotherapy and treatment notes

  • Witness statements

  • Site safety records

Case Study #1: "Mick Got Back on Track"

Mick, a longwall operator from the Hunter Valley, injured his shoulder and back after a machinery failure underground. He initially received weekly payments under the statutory system, but felt frustrated when his employment was terminated on medical grounds. He was unable to return to his pre-injury role working underground and was concerned about his financial future.

We:

• Referred Mick to a respected IME for an impairment assessment

• Confirmed significant impairment under the Table of Disabilities and advised that his injuries would cross the relevant threshold.

• Conducted extensive investigations as to the cause of the machinery failure including obtaining information from the NSW Resources Regulator regarding the incident.

• Filed a negligence claim and settled for a seven-figure payout within 15 months

Now, Mick has retrained in an equipment compliance role outside of the mining industry and is financially secure.

Case Study #2: "Jess Didn’t Give Up"

Jess, a 38-year-old cleaner in the Illawarra mining industry, suffered an injury whilst performing cleaning duties in the bath house. All of her work duties were performed on coal mining sites. She had no idea she qualified for coal mining compensation.

Her employer said she wasn’t a "coal miner." We disagreed.

• We used the Ellavale Engineering v Pilgrim case to prove she met the legal definition of a coal miner

• Her claim was accepted by CMI

• She received ongoing weekly compensation and a significant lump sum within 10 months

Jess now speaks out to raise awareness for others in similar positions.

Why Legal Help Changes Everything

Here’s what most people don’t realise:

• Insurers have lawyers. So should you.

• You may be missing out on thousands if you don’t claim lump sums or pursue common law where eligible.

• We don’t just "run the claim." We manage the full process, protect your rights, and fight for your best possible outcome.

Many of our clients come to us after being ignored, delayed, or lowballed by insurers. We turn the tables.

Key Takeaways

• Statutory claims can start paying within weeks; lump sum payments take 6–12 months

• Common law claims usually take 12–24 months but offer broader compensation

• Delays are avoidable with strong evidence and early legal support

• Your role, worksite, and injury details determine your eligibility - don’t rely on your employer’s opinion alone

• We've helped hundreds of NSW coal miners claim what they deserve

Next Steps

Don’t let the wait - and the worry— - keep dragging on.

If you've been injured in a coal mining accident and want clarity on your next steps, book your free consultation today.
We’ll walk you through your options, help speed up the process, and fight to get you what you’re owed.

Frequently Asked Questions (FAQs)

• How long does it take to get a lump sum compensation payment in NSW coal mining claims?

  The timeframe depends on when your injury is medically stable. Once stabilised and assessed under the Table of Disabilities, most workers receive their lump sum within 6–12 months of the assessment process beginning.

• Do I need a certain level of impairment to make a claim for a coal mining injury in NSW?

  For statutory claims, you must meet thresholds under the Table of Disabilities, which are specific to the coal mining industry. Unlike other workers comp schemes, WPI (Whole Person Impairment) is not used.

• Can I pursue both a statutory claim and a common law claim for a coal mining injury in NSW?

  Yes. Many injured coal miners begin with statutory benefits to weekly payments and medical expense and, if eligible, pursue common law damages for negligence. Each path has different legal requirements and potential outcomes.

  It is important to note that if a worker makes a common law claim for negligence, they cannot make a claim for permanent impairment, pain and suffering under the statutory scheme. They elect to sue and there is an election provision that applies.

  Similarly, if an injured mine worker elects to make a claim for impairment, pain and suffering, they cannot then sue their employer in a negligence claim.

• What if CMI disputes my injury or assessment?

  You can challenge their decision. We often help clients access independent medical assessments and lodge disputes. Legal support is critical in these situations to secure fair treatment.

• Is there a time limit to start my coal mining compensation claim in NSW?

  Yes. You should report your injury immediately and lodge a claim within six months of the incident. Common law claims generally need to be commenced within three years, though exceptions can apply.

Written by the
Shaw & Bunner Legal Team

At Shaw & Bunner Legal, we’re highly experienced personal injury lawyers proudly serving clients across regional NSW. With over a decade working in national firms and deep personal ties to the coal mining industry, we’re uniquely positioned to help injured workers—especially miners—navigate complex claims with confidence.

Since our start in 2018, we’ve committed to providing clear, compassionate, and solution-focused legal advice that delivers real results. When you read our content, you’re getting insights from a team that truly understands what you’re going through—because we’ve lived it, worked in it, and helped hundreds of people through it.

Disclaimer: This article is general information only and cannot be regarded as legal advice as it does not take into account your personal circumstances. For tailored advice, please call us on (02) 4046 1805 or email us at admin@shawbunner.com.au.