Mining Dust Lung Disease & Compensation; Know Your Rights

Queensland mine and quarry workers are being encouraged to be proactive in the early detection of Mining Lung Dust Diseases. Statistics show that one in four mine workers have abnormal lung function resulting from exposure to mine dust.

As part of the Heart of Australia Corporate Health Initiative (HOACHI), mobile medical testing facilities (known as Health Trucks) have been operating to provide mobile examinations to Queensland’s rural and remote communities since 2014.

HOACHI in partnership with Resources Safety and Health Queensland (RSHQ), have introduced HEART5 as part of their early detection action into Mining Lung Dust Diseases.

HEART5 is a world-first mobile testing facility working its way to regional Queensland conducting respiratory health examinations for current and former mine workers. The specialist vehicle provides examinations with an RSHQ-approved doctor, chest X-rays, lung function tests by spirometry and CT scans if required.  

Since its launch in early 2022, Heart5 has detected over 100 cases of Mining Dust Lung Disease.

What is Mining Dust Lung Disease?

Mining Dust Lung Disease or “MDLD” is the term used for a broad group of lung conditions resulting from high exposure to industry-related dust. Mine workers are at a particular risk of developing MDLD due to their exposure to respirable dust.

Respirable dust is unique for its tiny particle size which causes it to be inhaled directly into the lung tissue. It is almost invisible to the naked eye meaning it can be inhaled without a worker even knowing they have been exposed to the deadly dust.

Dust diseases are progressive, and research shows miners are unlikely to develop or detect concerning symptoms for up to 10 years after exposure.

MDLD includes a number of serious industry-related lung diseases, including:

• coal workers’ pneumoconiosis;
• mixed dust pneumoconiosis;
• silicosis (a form of pneumoconiosis from silica dust);
• chronic obstructive pulmonary disease;
• asbestosis; and
• cancer.

Workers who are diagnosed with MDLD are entitled to make a worker’s compensation claim and should seek legal advice regarding a claim as soon as possible after detection.

Worker’s Compensation Claims

If a worker suffers and injury or illness in the course of their employment, the worker is entitled to make a claim for compensation (commonly known as a WorkCover claim) pursuant to the Workers Compensation and Rehabilitation Act 2003 (“the Act”).

A worker’s compensation claim can provide the following relief:

• weekly compensation (your wages);
• medical, surgical, and hospital expenses, and medicines;
• counselling and pulmonary rehabilitation services;
• rehabilitation treatment and equipment or services ;
• traveling expenses; and
• lump sum compensation.

There are strict and specific timeframes that apply to worker’s compensation claims.

How Can We Help?

The experienced Personal Injury & Insurance Compensation team at wilson/ryan/grose Lawyers practice in all areas of personal injury law including industry related injuries and illnesses.

We can assist you to:

• Understand your rights and entitlements;
• Understand and guide you through the claim process;
• Ensure your rights are (and remain) protected;
• Advise you on your prospects of a successful claim; and
• Maximize compensation.

Where to Get Checked

The Heart5 Health Truck will be visiting the following locations in November and December:

• Emerald November 18 –19
• Biloela November 20 – 21
• Kingaroy December 19 – 20

Bookings are essential and can be made through the Mine Dust Health Support Service by emailing info@minedusthealthsupport.com or calling 1300 445 715.

RSHQ also provides free respiratory health assessments to former coal or mineral miners and quarry workers who worked in the industry for a minimum of three years. An appointment through RHSQ can be arranged by calling 1300 445 715.

If you or someone you know is affected by MDLD, please call our office on (07) 4760 0100 to book your free consultation with one of our experienced lawyers today.