This is a very important case as coal miners are in a special category of workers under the workers compensation legislation and have retained substantial rights to workers compensation which has been lost by other workers.
Sydney, New South Wales (PRWEB) November 12, 2012
Sydney’s leaders in the sensitive legal area of personal injury, Taylor and Scott Lawyers, have recently been successful in the Court of Appeal on the question of whether a worker performing site rehabilitation work on top of a discontinued coal mine was a coal miner under the workers compensation legislation. This favorable ruling has brought a positive end to a chapter that was both physically and emotionally challenging for the client, who sustained a serious back injury that rendered him incapable of returning to his pre-injury work as well as less physical work.
As Senior Associate and accredited specialist, Jayne O’Sullivan reveals, “We commenced proceedings on behalf of our client in the District Court against his employer. When those proceedings were listed for final hearing in the District Court we were able to agree with the insurer on the quantum of our client’s claim and that his employer had breached its duty to our client.”
“The only question that the District Court judge was required to decide was whether our client was a coal miner within the meaning of the workers compensation legislation and whether the colliery concerned was a mine to which the Coal Mines Regulation Act applied.”
According to court documents, the District Court judge concluded in favour of Taylor and Scott Lawyers’ client and found that as the rehabilitation work was continuing at the time of his injury, the mine was not an abandoned mine and the client was therefore a coal miner.
The insurer appealed this decision to the Court of Appeal, however according to court documents, the Court of Appeal found unanimously in favour of Taylor and Scott Lawyers’ client: 3 to 0 that he was a coal miner.
As Ms O’Sullivan exclaims, “This is a very important case as coal miners are in a special category of workers under the workers compensation legislation and have retained substantial rights to workers compensation which has been lost by other workers in New South Wales who are not coal miners.”
If you have had an accident and wish to discover more information about how to seek compensation, visit http://www.taylorandscott.com.au or call 1800 600 664.
About Taylor and Scott
Taylor and Scott Lawyers now enjoy the highest reputation across a broad range of legal areas after serving thousands of clients across the state of New South Wales, for more than 100 years.
Their teams of lawyers are experts in their field and go the extra mile to ensure their clients’ rights are fully protected at all times. Taylor and Scott care for each one of their clients and provide the highest quality service at affordable prices.