Workers' Compensation In Mining

Being injured while working FIFO can be distressing and stressful, especially when you are away from home and your loved ones. Fortunately, mining and FIFO workers’ compensation applies from when you fly out to when you get home. While getting injured may feel isolating, you are not alone. Each year several thousand mining workers’ compensation claims are lodged in WA, and more than half of these claims involve time off work. 

At CLP Legal, we know time off work can cause stress and financial burden on top of the pain of an injury, which is why we provide immediate legal advice to FIFO clients. We have helped many people in mining achieve success with their claims.

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The Best Work Injury Lawyer In WA

The team at CLP Legal has managed and won countless workers’ compensation claims in Western Australia over the last 20 years. We understand that FIFO work involves complicated schedules and a busy lifestyle, which is why our workers’ comp lawyers want to assist you in the best way possible, including providing meetings and services over the phone, via video call, and face-to-face. 

If your injury at work has caused you to miss any swings, we understand you may be under financial stress and could be concerned about the costs of seeking legal assistance. The team at CLP Legal are no win no fee compensation lawyers, meaning that when you engage our workers’ compensation services, you won’t pay anything until your claim is won and settled. 

As work injury lawyers, we know that workers’ compensation raises many questions for injured workers and victims. We are happy to answer any questions you may have. On this page, we have provided some information regarding common workplace injury questions that people in the FIFO industry may have.

Making a Claim for a Mining Accident in WA

All workers must inform their employer immediately if an accident or incident occurs. However, the act of reporting an incident does not start a workers’ compensation claim. If you are injured, your Doctor must assess you and provide you with a Medical Certificate to start the claims process.

If your injury did not present immediately, or you did not realise you were injured till some time after the incident, you can still obtain a Medical Certificate from your Doctor to start a claim. However, there are time limits on some benefits, so you should contact a CLP Legal for assistance as soon as possible.

Given the scope of mining industry operations, injured workers can sometimes feel nervous or unsure about making a workers’ compensation claim with their FIFO employer. Injured workers might also feel intimidated if their claim has been denied or does not proceed as expected. Remember, you are entitled to injury compensation. Our team of mining and FIFO workers’ compensation lawyers is here to help, and we will support you throughout the process, ensuring that you feel informed and in control.

If you have suffered an injury or already have a workers’ compensation claim in progress,
please get in touch with CLP Legal today for immediate advice and assistance.

What Work Accident Compensation Can I Receive?

When you suffer a workplace injury and make a claim, you can receive compensation for the costs of recovery.
In Western Australia, these costs include:

  • Medical treatment, including GP appointments, physiotherapy, specialist appointments, and surgery.
  • Travel costs for medical treatment, such as petrol costs or taxi fares.
  • Loss of income due to time off work.
  • Compensation for pain and suffering.
  • Transitioning to a new role or job, which can include reskilling costs.
  • Payment for any permanent impairment.

What is the Most Common FIFO Injury At Work?

The most common mining injuries are traumatic joint and muscle injuries. These workplace injuries represent almost 60 percent of all mining workers’ compensation claims, according to statistics published by WorkCover WA. Traumatic joint and muscle injuries can include damage to ligaments and tendons, and treatment often requires time off work, rehabilitation, and potential surgery. 

While joint and muscle injuries are the highest-represented injuries in mining claims in Australia, the following injuries are also common:

  • Wounds, lacerations, and organ damage. 
  • Fractures and burns. 
  • Musculoskeletal injuries. 
  • Tissue diseases. 
  • Digestive diseases and disorders. 
  • Mental illnesses and diseases.

All injuries suffered from a work accident, including during transit to work, may be eligible for compensation payments. When you claim a workplace injury, we recommend seeking assistance from a workers’ compensation lawyer to ensure you receive the full benefits you deserve.

Does Fatigue Management Affect A Workplace Injury Claim?

FIFO fatigue management is a core practice in the Western Australian Mining Industry. However, implementing fatigue management is not always straightforward, and it can confuse workers about their responsibility and the company’s responsibility when managing fatigue and workload.

Many factors can inhibit FIFO fatigue management, including workplace culture, understaffing, travel times, and disrupted sleep schedules. The wording of some company policies may make it seem like managing fatigue is entirely the employee’s responsibility; however, as fatigue is a workplace hazard, mining companies also have a responsibility to reduce the risks of sleep deprivation for all workers. When a fatigue-related injury occurs, the company is liable.

Mining and FIFO workers’ compensation covers fatigue-related injuries in Western Australia. In most cases, your fatigue does not affect your ability to lodge a claim and receive compensation benefits. However, mining insurance companies may try to deny or delay your workplace injury claim, and that is where CLP Legal can assist.

Whether you have yet to make a claim or have already lodged a fatigue-related claim, CLP Legal has a team of expert mining and FIFO workers’ compensation lawyers ready to provide legal advice and manage your claim so you can get on with life.

How to Claim for Workers' Comp Stress Leave?

While stress leave is not a recognised form of leave in Australia, if you have suffered stress due to psychological injury or mental illness/disorder caused by your work, you may be able to make a workers’ compensation claim.

Frequent exposure to a toxic workplace can force someone to seek workers’ compensation for stress leave. These factors may contribute to a psychologically toxic workplace:

  • Harassment, assault, or bullying.
  • Exposure to a traumatic event(s).
  • High pressure due to unreasonable expectations and timeframes.
  • Forced overtime or lack of fatigue management.
  • Discrimination and isolation.

The types of psychological injury covered by workers’ compensation include PTSD, depression disorder, and anxiety disorder. But to make a stress leave workers’ compensation claim, you must be able to prove that work caused the mental injury and that it was not a pre-existing condition.

Claiming psychological injury or mental illness is complicated, and you should seek legal assistance from a work injury lawyer for the highest chance of success. Please get in touch with us today for supportive legal advice and information over the phone or to make an appointment.

Looking for legal advice?

If you have experienced a personal injury in your workplace or public space and you are seeking legal advice from a trusted and experienced law firm in Perth, please contact us today on 08 9339 9600. We will be by your side every step of the legal process.