Black Lung

Decades after the disease was thought to have been eradicated, Black lung, also known as Coal Workers’ Pneumoconiosis (CWP), has returned to Australian coalfields, with 15 cases identified since 2015. While compensation won’t undo its damage, it will facilitate access to health care that will make living with the disease easier.

Hall Payne has the experience and knowledge relevant to the mining industry to expertly assist anyone affected by black lung. We are the leading law firm in this area, with a strong track record in obtaining compensation for black lung victims and challenging claims rejected by insurers.

With a depth of experience in compensation law in the coal mining industry, Hall Payne can get you the compensation you deserve. We can act on a ‘no win no fee’ basis and offer a free initial consultation and discounted rates to CFMEU members. If you are diagnosed with black lung, contact your union to discuss compensation and to get a referral, contact us directly by calling or through our site.

Our Expert

Linda Brangan


Linda Brangan is an expert in personal compensation law, recognised by Doyle’s Guide as one of Brisbane’s leading compensation lawyers.

Common Questions

What can I do if I’ve been diagnosed with black lung?

It is important that you seek legal advice to discuss your rights to compensation. There is no known cure for black lung but compensation will provide access to treatment and support that will make a difference.

Do I have a claim?

If you have been diagnosed with black lung then you or your family may be entitled to workers’ compensation or common law damages in Queensland, which can include payments for:

  • loss of income
  • rehabilitation
  • medical expenses
  • pain and suffering
  • past and future economic loss
  • loss of superannuation
  • out-of-pocket expenses

Entitlements vary from case to case, and the best way to know if you have a claim worth pursuing is to get advice from a lawyer experienced in working with those suffering from black lung. Hall Payne is the leading law firm when it comes to getting compensation for victims of black lung, and can help you access the compensation you need. Contact Hall Payne for a free initial consultation to discuss your rights.

I’ve been away from work for years and have just been diagnosed – can I make a claim?

Yes. Black lung has a long latency period, meaning that symptoms may not present for 10 years or more. If you’re diagnosed years after you finished work, you have 6 months from the date you were make an application for compensation. Other conditions also apply.

Getting advice from experts in Black Lung compensation means you can put forward the strongest claim from the start. Contact Hall Payne for a free initial consultation to find out about your eligibility, and how to make a claim.

What can I claim for?

If your claim is successful, you may receive compensation for:

  • pain, suffering and loss of life enjoyment
  • past and future hospital and medical expenses (including surgical costs)
  • rehabilitation expenses
  • loss of past and future earnings
  • most out of pocket expenses.
  • Contracted services to provide assistance in relation to domestic duties,  yard maintenance or nursing etc

Each individual’s circumstances and needs are unique. In order to find out what compensation you are entitled to, in your specific circumstances, contact Hall Payne.

When should I make a claim?

If you are diagnosed with black lung specific timeframes apply.  Any application for workers compensation must be lodged within 6 months from the date you were diagnosed with the condition.

Other conditions also apply, so contact Hall Payne for a free initial consultation to discuss your eligibility and all other aspects of your claim.

How long will my claim take?

Every claim is different. Once the specific circumstances of your situation are known one of our lawyers can provide an estimate of the likely timeframe that may apply to your matter, and will continue to update you as the matter proceeds.

What if my claim is rejected?

It is not uncommon for a claim to be rejected in the first instance. Hall Payne has a strong track record of successfully challenging unfavourable decisions.  If your claim is rejected you have a right to review of the decision by the Workers’ Compensation Regulator.  Time limits apply, and you have 3 months to lodge an application with the Regulator.

If your claim has already been rejected it is important to obtain legal advice before you lodge your Application for Review.  Engaging a lawyer early in the review process will increase your chances of successfully overturning an unfavourable decision.  Get the right advice from Hall Payne Lawyers.  We can help you navigate the review and appeal process and protect your entitlements.

How much will it cost to make a claim?

Hall Payne will provide you with a free initial consultation to discuss your injury and the circumstances in which it arose.

We will provide an estimate of legal costs and the likely timeframes that will apply to your claim. If we consider you have prospects of winning your case we will represent you on ano win, no feebasis.

1800 659 114

Enquire online

We have 9 offices across Queensland, New South Wales, Tasmania and the Northern Territory.