Craig was a miner for 8 years but black lung caused his downfall.

Man receives $3.2 million payout for employer's negligence, setting precedent for future cases.

July 25th 2024.

Craig was a miner for 8 years but black lung caused his downfall.
In a historic legal victory, a coal miner who suffered from black lung disease due to his employer's negligence has been awarded a multimillion-dollar payout. Craig Keogh, a machine operator at mines in New South Wales and Queensland, became the first Australian to win a black lung case at trial, paving the way for others to seek compensation. His diagnosis of pneumoconiosis in 2018 and subsequent battle with mental health issues led to a damages award of $3.2 million.

The decision also holds Downer Mining, CPB Contractors, and Campbell Mining Services accountable for their role in Keogh's illness. He revealed that he was never warned about the dangers of dust exposure in mines and was never provided with protective equipment. "It has essentially destroyed me... I have limitations physically and mentally, and it has completely changed my life," Keogh shared with AAP. "Simple tasks leave me breathless and I am constantly fatigued. It's just not a good situation and it will only get worse."

Motivated by the desire to ensure that others facing similar health issues can receive compensation and to push for safer working conditions, Keogh pursued legal action. "I don't want to see other miners, especially new ones, not being informed about these dangers. I want people to know that this disease is debilitating and can ruin your life," he stated. "I used to love going to work, but when I received my diagnosis, everything changed. I was left without any support."

The judge presiding over the case, David Russell, was convinced by Keogh's respiratory and psychiatric health issues that he would never be able to work again. Evidence also showed that his respiratory condition would only worsen over time. "Mr. Keogh is unable to work in any job where he would be exposed to even the smallest amount of dust... he should not be allowed to return to his previous occupation as a plant operator," Judge Russell stated in his ruling on Thursday. He also noted that Keogh had attempted other types of work, but his mental state made it impossible for him to continue.

Keogh's love for his job and the camaraderie he shared with his co-workers was evident to the judge. "He struck me as a man who found his ideal job and it gave him a sense of identity and friendship with his colleagues," Judge Russell commented. Kathryn Townsend, a dust diseases expert from Shine Lawyers, believes that this decision will set a precedent for other coal miners to receive compensation for their illnesses. "Craig's case is just the tip of the iceberg when it comes to the number of people suffering from these types of injuries in the coal mining industry," she stated. "It's clear that this is a pervasive issue across the industry and the lives of miners are being put at risk."

In light of this ruling, Downer Mining and CPB Contractors have been contacted for their response. It is crucial for those affected by similar health issues to seek support and assistance, and organizations like Lifeline and Beyond Blue are available to offer help. In the event of an emergency, Triple Zero should be dialed.

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