Yahoo Finance Aussie tradie wins $3.2 million payout in landmark case: 'Beyond my belief'
Craig Keogh's case has set a legal precedent in Australia and more claims could come forward.
An Aussie miner has been awarded $3.2 million in compensation after developing a terminal illness on the job. Craig Keogh was diagnosed with pneumoconiosis (also known as black lung disease) after working for years as a machine operator at NSW and Queensland mines.
His lawyers argued in the landmark case that the mine operators didn't take reasonable care to ensure his safety while on site. Keogh claimed he never wore a face mask because he wasn't told of the dangers lurking in the mines.
Pneumoconios is caused by breathing in certain types of dust particles and, because these particles only exist at workplaces, the health condition is called an occupational lung disease. Keogh's case is the first Australian black lung win and could pave the way for many more compensation claims.
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'It destroyed me': Keogh's diagnosis turned his world upside down
Keogh was diagnosed with black lung in 2018 and it caused widespread issues with his working and personal life.
"It has basically destroyed me … physically I can't do anything anymore, mentally there has been an impact on my thought process, my concentration, everything's changed in my life," he told AAP.
"I'll run out of breath very quickly, I'm always fatigued, it's just not good - and it's just going to get worse."
Keogh said he was "shocked" when he got the diagnosis because he had to stop work immediately and had no support.
He tried to engage in other work but was unable to and Judge David Russell noted that the loss of his "loved" profession has impacted him greatly.
The former miner was thrilled at the massive, multi-million dollar payout.
"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."
The companies now have 28 days to file cross-claims.
More compensation claims could follow now that precedent has been set
Keogh stated he brought the case against Downer Mining, CPB Contractors and Campbell Mining Services not only for himself but also in the hope that other miners affected by black lung could get compensation.
"I don't want to see other miners, the new ones that are coming in, not told of these dangers … I want the word to get out there that this stuff is debilitating and ruins your life," he said.
Shine Lawyers' dust diseases expert Kathryn Townsend said the landmark case has now set a legal precedent in Australia.
"Craig's injury is clearly just the tip of the iceberg in terms of people suffering injuries like this in the coal mining industry," she said.
"More and more people are being diagnosed with these diseases across all aspects of the mining industry ... this is an issue that's pervasive across the industry and it's clear that the coal mines are playing Russian roulette with the lives of their people."
Yahoo Finance has contacted Downer Mining and CPB Contractors for comment. Campbell Mining Services was de-registered last year.
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