What Happens When a Mining Accident Case Goes to Trial in Perth?

Under the Mining Act 1978 (WA), mining is considered an integrated industrial activity that includes extraction, processing, handling and all supporting operations connected to minerals. Even the procedures undertaken before and after the extraction of minerals are part of a mining undertaking. Hence, in such a larger area of operation, adequate safety measures need to be implemented. If the safety procedure is breached, you can always consult a mining accident lawyer in Perth.

Safety Protocols Implemented in Mining

Across Australia, it is mandated by the Work Health and Safety (WHS) Act 2020 that organisations that operate in the mining sector must ensure safety for their workers as far as reasonably practicable. In this aspect, the Work Health and Safety (Mines) Regulations 2022 were issued, where proper guidelines are mentioned about how to manage risk management processes and work in hazardous environments. If any rule in the guideline is violated by the organisation, causing the worker to receive an injury, they are eligible to apply for mining accident compensation WA.

What Happens When an Injury Occurs at A Mining Site?

A mining injury lawsuit Perth happens when compensation is not enough to cover your physical and professional damage. When an injury takes place, strict medical attention should be given to the worker, and the incident should be reported by the PCBU (Person Conducting the Business or Undertaking) to WorkSafe Western Australia. The accident scene must be preserved until an investigator arrives at the location.

The worker is offered compensation on a no-fault basis. This means the injured worker simply needs to file a claim with the required documents to his employer. The matter is not required to be presented in any court, and does not require blaming anyone for him to receive the compensation.

Which Court to Go to for a Mining Trial?

Across Australia, there are two types of courts: the Magistrate’s Court for prosecutions, and the Civil Courts. Under the Civil Court, there are two divisions, which are the District Court WA and the Supreme Court WA. The trial takes place in different courts in the following situations.

Magistrate Court

The public investigating officer needs to inform WorkSafe, WA, that there has been a breach of safety, and the authority responsible knew beyond doubt that it was likely to cause the death or serious harm to its workers. Following the investigation findings, WorkSafe may decide to commence enforcement or prosecution action based on concrete evidence. They can be classified into three categories.

• Category 1: If the PCBU’s safety measures show reckless conduct that exposes a worker to serious risks.
• Category 2: If it exposed a worker to the risk of death, injury or harm to health due to unmet safety standards.
• Category 3: If any person responsible for the mining, regardless of PCBU, officers or even workers, failed to perform according to the required standard procedure. It is the lowest level of breach.

If any of the three categories apply to the accident scene, WorkSafe will file a complaint against individuals or the PCBU responsible, and they may have to undergo a mining accident trial process Perth.

Civil Court

The workers have their own legal right to seek compensation and fairness. Under the Workers Compensation and Injury Management Act 2023 (WA), they can negotiate their compensation amount by applying to WorkCover WA. This regulatory body will then attempt to resolve it first via a voluntary agreement called conciliation. If the latter fails, they will issue a binding decision through arbitration.

If the injured worker or his family members feel that their injury was caused by negligence on the PCBU’s side, such as carelessness in maintaining machinery checks, they can submit a proceeding in the District or Supreme Court of WA with the help of workers’ compensation lawyers Perth.

What Happens When the Mining Case Goes to Trial?

The grounds on which a WHS prosecutor and a magistrate analyse a mining case have a number of steps. They are stated below for your convenience:

Who will carry the Legal Responsibility?

Under the WHS Act, a PCBU, which can be a mine operator or principal contractor, has the highest form of duty to maintain a safe environment for workers so that they are not exposed to risks. Then comes the officer’s duty to ensure that safety systems are intact in every location. At last, workers’ duty includes taking reasonable care for their own safety and following instructions. So, the court first identifies whose duties were breached.

Was it Reasonably Practicable to Reduce the Risk?

The court then assesses the safety measures implemented by the accused party and how much they ought to have known to reduce the risk. The cost to install safety measures and the extent of risk are also analysed to see what areas were neglected, to decide the severity of the penalty for breach.

Causation

In this, the prosecution must show that the harm occurred to the worker due to the breach of equipment or safety standards in the mines. They must prove that the breach was a substantially contributing factor that became a direct cause of harm.

Conclusion

Mining is an undertaking that poses significant risk and requires additional safety measures. It is the duty of a PCBU to ensure the well-being of its workers. If such duties are breached, you, as a worker, can seek compensation. For further clarification and a smoother process of application, consulting the best workers’ compensation lawyers Perth is recommended.