Injured in a NSW Coal Mine: Here’s How to Navigate the Workers Compensation Claims Process
Introduction
You’ve been injured working in a coal mine in New South Wales. Maybe it was due to a machinery failure, a fall from height, or even the aggravation of symptoms from years of repetitive, heavy work. Whatever the cause, you’re now off work, in pain, and facing uncertainty about your future. You may be wondering: Who’s going to pay the bills? Can I get help with treatment? What happens if I can’t go back to work?
At Shaw & Bunner Legal, we talk to coal mine workers every week who are going through exactly this. The stress of being injured is hard enough. But the paperwork, red tape, and confusion around the compensation process? That’s what really knocks people around. The good news is you’re not alone, and you do have options.
In this guide, we break down the coal mining workers compensation claims process in NSW - what makes it different, how to navigate it step by step, and what to expect along the way.
Why Coal Mining Claims Aren’t Like Other Injury Claims
Coal mining in NSW is governed by its own set of rules and protections. It’s one of the few industries with a dedicated workers compensation scheme - Coal Mines Insurance (CMI) - that only covers people working in the coal industry, or “in or about a mine” in NSW.
This scheme exists because mining is high-risk and physically demanding. Injuries can be severe, complex, and long-term. From crush injuries and serious fractures to black lung disease, hearing loss, and psychological trauma - coal miners need specialist legal support from people who understand the unique challenges of the industry.
That’s why a “standard” workers compensation lawyer who’s used to office-based claims just won’t cut it. You need someone who knows the system, knows the insurers, and knows how to fight for coal workers and their families.
Common Coal Mining Injuries We See
Here are some of the most common injuries we help clients with:
Back and spinal injuries from repetitive lifting or sudden accidents
Shoulder and knee injuries from slips, trips, and falls
Fractures and crush injuries from heavy machinery or equipment failure
Hearing loss or tinnitus from long-term exposure to noisy worksites
Lung disease and respiratory illness, including coal workers' pneumoconiosis
Psychological injuries, such as PTSD, anxiety, and depression after traumatic incidents or sustained pressure
Every one of these can have a major impact on your life - your work, your income, and your ability to look after your family. That’s why the law entitles you to support, compensation, and medical care.
Step-by-Step: The Coal Mining Workers Compensation Process
If you’ve never made a claim before, it can feel overwhelming. Here’s what the process actually looks like:
1. Report the Injury Immediately
Don’t wait. Even if you’re not sure how serious it is, report it to your supervisor straight away. Make sure it’s recorded in writing in the site incident log or WHS register. This creates an official record - something CMI will rely on heavily later.
If you wait too long or don’t report the incident, your claim might be questioned or denied altogether.
2. Get Medical Help and a Certificate of Capacity
You’ll need to visit your doctor (preferably one familiar with work injuries) and explain what happened. Tell them it occurred at work and that you need a Certificate of Capacity - this is a special form that states:
What your injury is
What treatment you need
Whether you can return to work, and in what capacity
This certificate is vital for your claim.
3. Lodge a Claim with Coal Mines Insurance
This can be done by you or your employer. You’ll need to provide:
A completed Coal Mines Insurance claim form
Your Certificate of Capacity
Any incident reports, medical evidence, or photos
We strongly recommend having a lawyer help prepare this, especially for more serious injuries. Missing a step or misunderstanding the form can delay your claim or reduce your entitlements.
4. Claim Assessment and Decision
CMI will review the paperwork and decide whether to accept or deny liability. This usually takes within 21 days - but it can be longer if they request additional information or medical reviews.
If your claim is approved, you’ll begin receiving:
Weekly compensation payments (based on your pre-injury earnings)
Medical expenses
Rehabilitation support
If the claim is disputed or denied, don’t panic - this happens, and it’s something we deal with regularly. We’ll challenge the decision, gather evidence, and represent you through the dispute process if needed.
5. Ongoing Support and Monitoring
Even after your claim is accepted, you’re not left to fend for yourself. Depending on your injury and circumstances, you may be entitled to:
Further treatment or surgeries
Physiotherapy or psychological support
Vocational retraining if you can’t return to mining
Lump sum compensation for permanent impairment and pain and suffering.
A common law damages claim if your injury was caused by negligence
Each case is different. That’s why we don’t take a one-size-fits-all approach. We look at your injury, your future, and your goals - and then fight for the best possible outcome.
How We’ve Helped Other NSW Miners Like You
Case Study 1: “Terry” – Thought he just needed hearing aids but was awarded over $200,000 in compensation with our help
“Terry” was a retired underground coal miner having worked in the industry for 40 years. Had sustained several injuries during that time. As Terry was never one to complain, he had never received legal advice and simply came to us as he needed hearing aids.
After meeting with Terry, we assisted in a full body claim and were able to claim impairment and pain and suffering for numerous injuries he had sustained during the course of his employment.
We were also able claim weekly benefits for Terry as he had retired earlier than normal retirement age due to his injuries and ongoing incapacity.
As we saw he needed additional help and support, we ultimately help Terry receive a tax free lump sum in excess of $200,000.00 for compensation for his work injuries.
Case Study 2: “Leanne” – PTSD After a Near-Miss Incident
Leanne was a plant operator was involved in a 'near-miss' incident when the plant equipment she was operating caught on fire.
Thankfully, she did not sustain any physical injuries, however she did develop severe anxiety and PTSD as a result of the near death experience.
The insurer questioned and disputed her claim relying on the opinion of one of their medico-legal doctors.
We successful challenged that decision through the Court process and were able to ensure she received treatment, loss of wages and rehabilitation into a new career in WHS training - away from the mine, however still in an industry she loved working in.
Don’t Wait to Get Help
We get it - many workers hesitate to make a claim. Maybe you don’t want to “make a fuss.” Maybe you’re worried about job security, or you’re unsure if it’s worth it.
Here’s the truth: if you’ve been injured, the sooner you act, the better your outcome. Claims are time-sensitive. Medical evidence needs to be gathered early. And the longer you wait, the more the insurer can argue against you.
Our job isn’t to make things harder. It’s to make things easier. We deal with CMI, medical reports, deadlines, and legal red tape - so you can focus on recovery and moving forward.
Key Takeaways
NSW coal mining workers comp claims go through Coal Mines Insurance (CMI) - not icare.
The process includes reporting the injury, getting medical treatment, and lodging a claim.
Claims must be lodged promptly, and evidence is key.
Injured miners may be entitled to weekly payments, medical care, lump sum compensation, and work injury damages.
Specialised legal help makes a big difference - especially if your claim is denied, delayed, or complex.
Next Steps
Injured in a new South Wales coal mine? Don’t leave your future to chance.
Let us handle the claim so you can focus on healing.
Whether your claim has been denied, delayed, or you’re just getting started, we’re here to help.
Book a free 30-min consultation with our team or call us directly on (02) 4046 1805.
✓ Free initial consultation
✓ No win, no fee available
✓ Specialist coal mining compensation lawyers
Frequently Asked Questions (FAQs)
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Report the injury to your employer right away and see a doctor for a Certificate of Capacity. Then, lodge a claim with Coal Mines Insurance. Legal support can help ensure your claim is handled correctly from the start – it is never too early to get legal advice.
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Yes. Coal mining claims in NSW go through a dedicated insurer - Coal Mines Insurance (CMI) - with its own procedures. That’s why it’s important to use a lawyer specialising in coal mining cases.
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Most claims receive a decision within 21 days. However, complex cases or disputed claims can take longer and CMI can take up to 42 days to determine liability. We help move things along and handle delays with the insurer.
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Yes. If your injury is permanent and meets a certain level of impairment, you may be entitled to a lump sum for permanent impairment. If your injuries are serious enough, you may be entitled to claim pain and suffering - and possibly more through a negligence claim.
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That’s illegal. You have a legal right to claim compensation if you’re injured. If your employer is making you feel uncomfortable, speak to us confidentially. We’ll protect your rights.
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Yes, you can claim for gradual-onset injuries - but it’s especially important to get medical evidence and legal help early, as insurers often dispute these types of claims.
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.