A Central Queensland miner sues coal mine companies for $4.2 million over black lung disease

The 62 year old now has a reduced life expectancy and permanent disability.

A Yeppoon coal miner and his wife have filed a $4.2 million lawsuit against major coal companies for damages after he contracted black lung disease in 2017.

Kerry Lucas, 62, was previously a very active member of the community but now struggles for breath and to walk a short distance.

The workplace injury lawsuit was filed in the Rockhampton Supreme Court last month against Workcover Queensland, Rolleston Coal Holdings, Joy Global, Ensham Resources, BM Alliance Coal Operations, BHP Coal and BHP Billton Mitsui Coal.

Workcover Queensland has been listed as a successor for Eagle Engineering, which is now wound up.

Mr Lucas worked for the company from 1998 to 2020.

Mr Lucas was employed as a fitter at various coal mines in the Bowen Basin throughout his working life, including Goonyella Riverside Coal Mine, Newlands Coal Mine, Saraji Coal Mine, Peak Downs Coal Mine, Norwich Park Coal Mine, Blackwater Coal Mine, South Walker Creek Coal Mine and Ensham Coal Mine.

Mr Lucas alleged he worked in close proximity to works that caused coal mine dust to be released into the atmosphere and worked on plant and equipment with respirable coal mine dust.

It is alleged as a result, he has been diagnosed with the terminal and coal mine dust related lung condition pneumoconiosis, emphysema and other lung abnormalities and changes.

It is claimed the mine companies "failed to discharge their statutory obligations owed of the Coal Mining Safety and Health Regulation 2001".

It is further claimed the mine companies failed to ensure Mr Lucas' exposure to respirable coal mine dust was kept to an acceptable level and exceeded the average concentration of 3 mg/m3 of air in an eight hour period.

According to the court documents, Mr Lucas has a reduced life expectancy and permanent disability.

His wife, 53, is suing for compensation for personal injuries her spouse has sustained.

"Mr Lucas has lost a great deal since his diagnosis with black lung disease in 2017," Maurice Blackburn principal Jonathan Walsh, who is representing the case, said.

"Not only has he had to stop working, but the rapid deterioration in his physical health has forced Mr and Mrs Lucas to leave their small farm, cease operating their maintenance business and give up many of their dreams.

"Mr Lucas was a very fit and active member of his community who volunteered at the local fire brigade and relished long fishing trips.

"Now he struggles for breath while walking just short distances.

"The dangers of coal mine dust to mine workers had been very well known for decades and all of these mine operators Mr Lucas worked for breached their duty of care to him by failing to provide a safe workplace and do enough to protect their workers' health and well-being."

A defence has not been filed at this stage.