Our client Craig Keogh is a former coal miner with coal mine dust lung disease (CMDLD), including coal workers’ pneumoconiosis (commonly known as black lung), silicosis and chronic obstructive pulmonary disease (COPD). Craig is the first coal miner with lung disease to have his claim run to trial and court judgement in Australia.
Mr Keogh’s case was run in the Dust Diseases Tribunal of NSW and on 25 July 2024, the tribunal awarded him over $3 million for his dust disease injury.
The unacceptable risks of occupational dust inhalation leading to dust disease
In 21st century Australia, dust diseases like black lung should be a thing of the past. However, because of unsafe work practices causing coal workers to be exposed to high levels of dust inhalation, they remain at risk of developing a range of occupational dust diseases, including:
Mixed dust pneumoconiosis
Silicosis
Chronic obstructive pulmonary disease (COPD)
Autoimmune injuries such as scleroderma, rheumatoid arthritis, mixed connective tissue disease and lupus
Mr Keogh's diagnosis with coal mine dust lung disease
Craig was diagnosed with CMDLD in October 2018 after working for nearly a decade at coal mines in Queensland and New South Wales. Mr Keogh’s dust disease was caused by exposure to a mix of coal dust and silica dust.
Mr Keogh's work as a coal miner
Mr Keogh’s was exposed to dust in the course of his work as a coal miner in Queensland and New South Wales between 2008 and late 2017. During that time, Craig was employed at the following locations:
Poitrel Coal Mine (near Moranbah, Queensland)
Moorvale Coal Mine (near Coppabella, Queensland)
Boggabri Coal Mine (NSW)
Blackwater Coal Mine (Queensland)
Craig was employed at these sites as a digger, dozer, grader operator. At each mine, he regularly suffered dust inhalation.
Craig was exposed to unsafe levels of dust because:
Dust was able to enter the cabins from which he operated the machines because of leaking seals and broken windows
He was not given a mask or any other form of respiratory protective equipment
Not enough was done to reduce the dust levels on site, such as by way of water suppression
Any complaints about dust in the cabins or broken seals and windows weren’t actioned
He was not made aware of the health risks associated with exposure to dust
The link between coal dust inhalation and lung injuries has been observed for centuries and was well known at the time Mr Keogh began working in coal mines. It was therefore reasonably foreseeable to all the defendants that Mr Keogh’s prolonged occupational exposure to coal dust could cause him a dust disease lung injury.
Dust disease injury and its link to Craig’s employment as a coal miner
In around March 2018 Mr Keogh had an x-ray and then saw a local doctor for a routine medical clearance.
Mr Keogh’s x-ray showed abnormalities, so he was referred for further tests and investigation by a respiratory physician. His coal mine dust lung disease injury was confirmed later in the same year (in October 2018). Because of his dust disease, Craig was terminated from his employment later that year, and has been unable to return to working as a coal miner.
Impact of Mr Keogh’s dust disease
Prior to his diagnosis, Mr Keogh enjoyed his life in North Queensland. He owned his home and gained a lot of professional satisfaction from his work as a coal miner. Until his dust disease diagnosis, Craig wanted to work as a machine operator for the remainder of his working life.
Mr Keogh’s diagnosis has turned his life upside down. His dust disease is progressive and will be terminal. He has lost his job and been forced to sell his home. He has also struggled to find any other work. Because of his diagnosis, Craig’s mental health has suffered severely.
Landmark common law dust diseases case
Mr Keogh approached Shine Lawyers shortly after his dust disease diagnosis. The case commenced in the Dust Diseases Tribunal of NSW, a specialist tribunal which has been set up to hear claims concerning dust injuries.
Mr Keogh’s trial ran for seven days in April 2024, seeking compensation for the significant losses caused by his coal mine dust lung disease, including:
Lost wages
Ongoing medical costs
Pain and suffering
Future care and assistance he will need because of his condition
With four defendants and multiple jurisdictions involved, this case was hard fought. Each defendant took issue with the cause of Craig’s condition, negligence and the amount of compensation to which Craig is entitled.
Significance of Mr Keogh’s black lung disease decision
The decision of the Dust Diseases Tribunal of NSW sets a precedent for future occupational dust disease claims of this nature. It is the first common law court decision in this country for a coal miner with respiratory injury.
In its landmark decision, the Dust Diseases Tribunal of NSW determined Mr Keogh’s damages to be over $3 million. The decision will pave the way for coal miners seeking compensation after being diagnosed with coal mine dust lung disease (including black lung).
Concerned about dust disease? Shine Lawyers can help
If you or your loved one has been diagnosed with a dust disease, including mixed dust pneumoconiosis or black lung disease, Shine Lawyers can help. As one of Australia’s largest litigation law firms, we’ve been successfully standing up for the rights of everyday Australians for nearly 50 years.
We believe everyone should have the right to access justice and right wrong, even if your claim – like Craig Keogh’s - is complex and challenging. Contact our Toxic exposure, silica, and dust diseases expert compensation team today.
