A former miner with ‘black lung’ has been awarded a record $3.2 million in damages.

Craig Keogh has been awarded damages by NSW’s Dust Diseases Tribunal after it found that four companies failed in their duty of care, leading to Keogh's terminal lung illness.

Keogh, 52, pursued legal action against several companies, arguing that his time working in mines in New South Wales and Queensland resulted in severe respiratory conditions. 

Commissioner David Russell noted that this was the first case involving coal worker's pneumoconiosis, or black lung disease, decided by the Dust Diseases Tribunal or any court in New South Wales or Queensland.

The companies involved have 28 days to file cross claims. 

Shine Lawyers' dust diseases expert Kathryn Townsend said the payout would provide financial security for Keogh and set a precedent for other workers. 

Keogh's conditions, including coal worker's pneumoconiosis, silicosis, mixed dust pneumoconiosis, chronic obstructive pulmonary disease, and emphysema, were attributed to unsafe dust exposure at his workplaces. 

“He was exposed to patently unsafe levels of dust,” Townsend said, noting the lack of proper masks and risk warnings.

Keogh sued CPB Contractors for his time at Poitrel Mine and Moorvale Mine in Queensland. 

He also sued Downer EDI Mining Pty Ltd and Downer Regional for his time at Boggabri mine in New South Wales, and further sued Downer EDI for his work at Blackwater Mine in Queensland. 

Commissioner Russell found all four companies failed in their duty of care and ordered them to pay $3.2 million, attributing over half of the responsibility to his time at Boggabri Mine.

Downer Regional has already filed a cross claim against Downer EDI. 

Keogh may seek further damages if additional conditions attributable to dust exposure develop from his employment in New South Wales.