Queensland Consolidated Acts

WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 123

123 Entitlements of miners

(1) The worker is entitled to compensation only if subsection (2) or (3) applies.

(2) Compensation is payable for the injury if the worker—

(a) has been continuously resident in the State during the 5 years immediately before—

(i) the onset of incapacity due to the disease; or

(ii) death due to the disease, if it happens without the onset of incapacity due to the disease; and

(b) during the period of residency, has been employed in employment in mining, quarrying, stone crushing or stone cutting in the State for at least 300 days.

(3) If subsection (2) does not apply, compensation is payable for the injury if the worker—

(a) has been resident in the State for periods totalling at least 5 years during the 7 years immediately before—

(i) the onset of incapacity due to the disease; or

(ii) death due to the disease, if it happens without the onset of incapacity due to the disease; and

(b) during the period of residency, has been employed in employment in mining, quarrying, stone crushing or stone cutting in the State for at least 500 days.