Future economic loss in mining personal injury claims

Contact: Glenn Biggs, Partner and Allison Haworth, Associate; Carter Newell (Queensland, Australia)

The recent slowdown in capital expenditure in mining, coupled with softening Chinese demand and falling commodity prices, has undeniably impacted job growth across the resources industry. DFP Recruitment has released its mining and resources jobs index which registered a 3.8% fall in September 2014 with the index down 25.6% nationally over the year.  Queensland has witnessed a notable decline of 55.01% over the last 12 months.

Notwithstanding job losses and tough market conditions in the resources sector, recent judgments demonstrate the courts reluctance to significantly discount awards for future economic loss. This article examines two decisions demonstrating the courts approach to injury damages in the mining sector and considers the basis of their rationale when calculating sustainable earning capacity.

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