Decision sets 'precedent' for other coal miners with lung diseases
A former coal miner who developed terminal lung illness has won $3.2 million in a landmark victory at the Dust Diseases Tribunal.
Craig Keogh was former coal miner who worked for nearly a decade at coal mines in Queensland and New South Wales, where he was employed at:
The tribunal ruled that the four mines failed to take reasonable care in ensuring that Keogh was not exposed to injuries.
Organisations ordered to pay include the CPB Contractors, Campbell Mining Services, as well as Downer Mining.
Keogh was diagnosed in 2018 with coal mine dust lung disease, including coal workers' pneumoconiosis (also known as black lung), silicosis, and chronic obstructive pulmonary disease.
"This disease has broken me. I've had to sell my house, I'm always exhausted and my mental health has been crushed. I can't even take a shower without getting tired," Keogh said in a statement.
Shine Lawyers, which represented Keogh at the tribunal, said his condition has progressed and was advised in July 2024 that it is now terminal.
In the tribunal's decision, it accepted that Keogh's medical situation has left him with no capacity for work in the present and the future.
"Mr. Keogh cannot work in any job where he would be exposed to even the most minimal level of dust. He most certainly cannot and should not be allowed to work in his old occupation as a plant operator," the tribunal said in the decision.
Keogh's case marks the first common law court decision in Australia for a coal miner with respiratory injury, according to Shine Lawyers.
"The decision of the Dust Diseases Tribunal of NSW sets a precedent for future occupational dust disease claims of this nature," the organisation said in a case study.
"The decision will pave the way for coal miners seeking compensation after being diagnosed with coal mine dust lung disease (including black lung)."
Kathryn Townsend, Shine's dust diseases expert, said Keogh's case would leave a legacy that would help other miners.
"These diseases destroy lives. It's critical that everything possible is done to protect mine workers from dust exposure and that they are given proper warning about the dangers of the dust involved in their work," Townsend said in a statement.
