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Posted: 2024-07-25 06:20:49

In short:

The Dust Diseases Tribunal has awarded a total of $3.2 million in damages to a former coal miner.

The tribunal found four companies failed in their duty of care. 

What's next? 

The companies have 28 days to file cross claims.

The Dust Diseases Tribunal has awarded a record sum of $3.2 million to a former coal miner who developed terminal lung illness as a result of his work.

Craig Keogh, 52, has sued several companies over harm which the tribunal found was caused during his time at mines in New South Wales and Queensland.

In handing down his judgement, Commissioner David Russell said it was the first case involving coal worker's pneumoconiosis — also known as black lung – to be decided by the Dust Diseases Tribunal or by any court in New South Wales or Queensland.

Coal pit with water

The tribunal found conditions at the Boggabri mine were extremely dusty.(Supplied: Lock the Gate)

Mr Keogh worked as a plant operator until he was diagnosed with respiratory conditions in October, 2018.

Speaking to media after the tribunal's judgement was handed down on Thursday, Mr Keogh said he "absolutely loved" his work in the mines and was shocked by his diagnoses.

His conditions were picked up after a routine medical check.

"As of that day, I was dusted and damaged goods, [I] could not return to a mine site ever again," Mr Keogh said.

He welcomed the extent of damages awarded.

"I've had a good result — beyond my belief," he said.

"I was initially told by a lot of people that this would be unachievable.

"It's been a hard journey, but it can be done."

Woman wearing glasses looks at man who is looking down, both are seated.

Craig Keogh discusses his case with Kathryn Townsend. (ABC News: Jack Rowland)

Shine Lawyers dust diseases expert Kathryn Townsend said the case set a precedent.

"The judgement today not only provides financial security for Craig going forward … and confirms he is in this situation through no fault of his own, it also sets a precedent for other workers who found themselves in the same position through no fault of their own," Ms Townsend said.

"It sets the standard for coal mines to be meeting and establishes that mere compliance is not enough, that they need to take their responsibilities to their workers and to the people who are on their mine sites seriously and to do more to protect them from unsafe exposures to coal dust."

Mr Keogh's conditions included coal workers pneumoconiosis, also known as black lung, silicosis, mixed dust pneumoconiosis, chronic obstructive pulmonary disease and emphysema.

"That lung disease was caused by his work in the coal mines in Queensland and New South Wales," Ms Townsend said.

"He was exposed to patently unsafe levels of dust. 

"He was not adequately protected from the dust. 

"He was not given proper masks and he was not told about the risks that he was facing."

a scan of lungs

A scan shows the black lung condition Craig Keogh is suffering.(Supplied: Shine Lawyers)

Failed duty of care

Mr Keogh sued CPB Contractors for damages from his time working at Poitrel Mine, at Coppabella in Queensland, between November 2008 and September 2012.

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