Coal mining is West Virginia’s most prominent industry, employing more than 11,000 people. About 80% of those work in underground mines. West Virginia is second only to Wyoming for coal mining, which is vital for The Mountain State’s economy. We produce about 13% of the nation’s coal supply.
Mining is also incredibly dangerous work. Companies are responsible for maintaining workplaces that are safe for their workers. Despite improvements in safety equipment and procedures, accidents still happen in mines, and for many of the same reasons. Miners are killed or suffer catastrophic injuries from this negligence.
If you or a loved one have suffered injuries or wrongful death in a mining accident, you do have options. A West Virginia mining accident lawyer can advise you on what to do next.
Workers’ Compensation
For miners (or anyone injured on the job), Workers’ Compensation is the no-fault insurance that is designed to cover your medical expenses and lost wages after a work-related accident. You will not have to prove fault as you would with a personal injury lawsuit. Your medical expenses, part of your lost wages, and disability (temporary or permanent) are covered by the policy.
Unfortunately, Workers’ Comp doesn’t always cover everything. You may experience stalling by the company you work for when you ask to file. This is intended to stop you from filing the claim for benefits you are entitled to receive. The intent is to stall long enough that you give up trying and forget about filing for your benefits. If your company has done this or has a history of delaying worker claim filings, you may need the help of a mining accident lawyer.
Even with Worker’s Compensation, if your employer intentionally exposed you and your coworkers to dangerous conditions, you may be able to file a lawsuit under West Virginia’s “Deliberate Intent” law. This law allows an injured worker, or the estate of a deceased worker, to recover additional compensation over and above what’s offered by Worker’s Compensation without losing those benefits. West Virginia Code Section 23-4-2(d)(2)(B)) lists the requirements, including a five-factor test and additional requirements to prove deliberate intent.
Filing For Personal Injury
Deliberate intent is just one way to recover compensation from your employer. But what if your employer followed the rules and someone else’s negligence caused your injuries?
On any kind of work site, there are multiple companies involved in day-to-day mining operations. If your accident was the result of a third party’s negligence and not your employer, you do have the right to sue that party, such as:
• Contractors and subcontractors
• Security companies and personnel
• Maintenance companies
• Food vendors
• Equipment manufacturers
Defective equipment may also fall under product liability, whereas a company responsible for the machinery’s upkeep may be held liable for a product that wasn’t properly maintained. Both may be considered a “personal injury,” and handled accordingly. Before speaking to another party’s insurance company, legal team, or another responsible party, consult with a West Virginia mining accident lawyer to learn about your legal options.
Why You Need To Speak With A West Virginia Mining Accident Lawyer
Even if your company hasn’t stopped you from filing for worker’s compensation, there are several reasons why you should at least consult with a lawyer and discuss your legal options:
• Workers’ Compensation may not fully cover your expenses, and you may also be eligible for additional compensation that you may not know about.
• Companies are in business to make a profit, so they are not inclined to improve safety unless they’re impacted financially. Filing a claim along with other injured miners will help increase workers’ safety and reduce the possibility of future accidents.
• The company may also cover up or destroy evidence, which may also be lost. Your lawyer will be able to preserve and protect evidence that’s vital to your case.
• A lawyer who understands the industry and mining accidents is better equipped to handle your case than a personal injury attorney who handles mostly car accidents and slips and falls.
If you receive Worker’s Compensation as you’re supposed to, you may not feel the need to file any other claims. However, we suggest that you at least consult with a mining accident lawyer to learn about all possible claims and recovery of compensation and damages.
Representing West Virginia’s Miners
West Virginia mining accident lawyer Chad Love has more than 20 years of experience representing miners and victims of mining accidents, including worker’s compensation and wrongful death. The Love Law Firm is Charleston, West Virginia’s personal injury law firm with extensive experience handling mining injury and accident cases. Call us today at 304-344-5683 (or use our online contact form) and schedule your free consultation. There’s no charge for the first visit, and our contingency fee arrangement means you won’t pay unless we win your case and recover money for you.
