Australia mining
Craig Keogh's win could set a precedent for workers, who are affected by the unsafe working conditions in the mines. Pixabay/RuRu_SG

In a landmark verdict, an Australian tribunal has awarded a record sum of AU$3.2 million to an ex-coal miner, who developed terminal lung diseases after being exposed to coal dust due to his employers' negligence.

Craig Keogh, 52, worked as a machine operator at several mines in New South Wales and Queensland till he was diagnosed with the respiratory conditions in 2018, ABC News reported.

Keogh's medical conditions included pneumoconiosis or black lung, silicosis, chronic obstructive pulmonary disease and emphysema.

While delivering the verdict, the Dust Diseases Tribunal of NSW found four companies guilty of negligence for failing in their duty to protect Keogh from coal dust.

Keogh had sued CPB Contractors, Campbell Mining Services, Downer Mining and Downer EDI, claiming damages for the period he worked at the different mines between 2008 and 2018.

As Keogh was never warned of the dangers of being exposed to coal dust, he never wore a mask at work, reported The Guardian.

"It has basically destroyed me ... physically I can't do anything any more, mentally there has been an impact on my thought process, my concentration, everything's changed in my life," he said. "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."

Speaking to media after the judgment was handed down on Thursday, Keogh said he "absolutely loved" his work in the mines and that he was shocked by the diagnoses during a routine medical check.

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

As he welcomed the damages awarded, Keogh remembered how he was warned against the "unachievable journey."

"I've had a good result — beyond my belief," Keogh 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."

But he went ahead with legal action as he wanted his condition to serve as a warning to other miners, and ensure that those affected were inspired to claim compensation, while pushing the mining industry to improve their safety standards.

Keogh also battled mental health since he was diagnosed with pneumoconiosis in 2018.

Judge David Russell stated he was convinced that Keogh would never be able to work again due to his deteriorating respiratory conditions and psychiatric health.

Keogh's win could set a precedent for workers, who are affected by the unsafe working conditions in the mines.

"Craig's injury is clearly just the tip of the iceberg in terms of people suffering injuries like this in the coalmining industry," Shine Lawyers' dust diseases expert, Kathryn Townsend, 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 coalmines are playing Russian roulette with the lives of their people."