Former miner with 'black lung' disease Craig Keogh awarded record $3.2 million in damages

The Dust Diseases Tribunal has awarded a record sum of $3.2 million to a former coal miner who developed terminal lung illness as a result of his work.

Craig Keogh, 52, has sued several companies over harm which the tribunal found was caused during his time at mines in New South Wales and Queensland.

In handing down his judgement, Commissioner David Russell said it was the first case involving coal worker's pneumoconiosis — also known as black lung – to be decided by the Dust Diseases Tribunal or by any court in New South Wales or Queensland.

Mr Keogh worked as a plant operator until he was diagnosed with respiratory conditions in October, 2018.

Speaking to media after the tribunal's judgement was handed down on Thursday, Mr Keogh said he "absolutely loved" his work in the mines and was shocked by his diagnoses.

His conditions were picked up after a routine medical check.

"As of that day, I was dusted and damaged goods, [I] could not return to a mine site ever again," Mr Keogh said.

He welcomed the extent of damages awarded.

"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."

Shine Lawyers dust diseases expert Kathryn Townsend said the case set a precedent.

"The judgement today not only provides financial security for Craig going forward … and confirms he is in this situation through no fault of his own, it also sets a precedent for other workers who found themselves in the same position through no fault of their own," Ms Townsend said.

"It sets the standard for coal mines to be meeting and establishes that mere compliance is not enough, that they need to take their responsibilities to their workers and to the people who are on their mine sites seriously and to do more to protect them from unsafe exposures to coal dust."

Mr Keogh's conditions included coal workers pneumoconiosis, also known as black lung, silicosis, mixed dust pneumoconiosis, chronic obstructive pulmonary disease and emphysema.

"That lung disease was caused by his work in the coal mines in Queensland and New South Wales," Ms Townsend said.

"He was exposed to patently unsafe levels of dust. 

"He was not adequately protected from the dust. 

"He was not given proper masks and he was not told about the risks that he was facing."

Failed duty of care

Mr Keogh sued CPB Contractors for damages from his time working at Poitrel Mine, at Coppabella in Queensland, between November 2008 and September 2012.

He also sued Campbell Mining Services and CPB for his time at the Moorvale Mine, also at Coppabella, in 2013 and 2014.

Mr Keogh worked for 21 months at the Boggabri mine in north west New South Wales, between September 2014 and June 2016.

The mine's operator, Downer EDI Mining Pty Ltd, and Mr Keogh's direct employer, Downer Regional, were both defendants in relation to his time at Boggabri.

He further worked at Blackwater Mine in central Queensland between June 2016 and October 2017 and sued Downer EDI over harm caused there.

Commissioner Russell found all four defendants failed in their duty of care to Mr Keogh.

He ordered them to pay Mr Keogh a total of $3.2 million.

Commissioner Russell attributed more than half of responsibility for damages to Mr Keogh's time working at the Boggabri Mine.

The tribunal gave the defendants 28 days to file cross claims.

Downer Regional has already brought a cross claim against Downer EDI.

The damages from Mr Keogh's Queensland employment were final, however it was open to him to seek further damages against the NSW mines if further conditions attributable to dust exposure developed.

The tribunal heard Commissioner Russell was required to consider whether any harm could be attributed to previous employment at mines in Western Australia; he ruled them out as bearing any responsibility.