Coal mining is dangerous work that can cause serious injuries and fatal injuries. The Kentucky Energy and Environment Cabinet says there were 11 coal mine fatalities and two serious injury incidents in Kentucky coal mining accidents from 2018 through 2022. Historical records show 109 coal mine fatalities in Kentucky since 2000.
In addition to accidents that cause traumatic injury, long-term exposure to coal dust and other hazardous conditions may cause miners cumulative harm, such as black lung disease and debilitating musculoskeletal injuries.
A coal miner who has been injured or become ill while working in Kentucky coal mines should be able to obtain workers’ compensation benefits. But mine owners and their workers’ compensation insurance administrators may dispute miners’ workers’ comp claims and deny the full benefits that the injured miner should receive. The Kentucky workers’ compensation lawyers of Morgan Collins Yeast & Salyer fight for coal miners who are seeking workers’ compensation.
It takes Kentucky Courage to work in the mines and to stand up for yourself when big insurance companies try to deny full workers’ benefits after an injury. Kentucky coal miners have Kentucky Courage, and so do our attorneys.
If you are encountering resistance when seeking workers’ compensation benefits for a workplace injury or a loved one’s death in a coal mine accident, discuss what to do after a mining accident with a knowledgeable attorney. Contact the experienced workers’ comp lawyers at Morgan, Collins, Yeast & Salyer today. We’ll review the circumstances of your injury and discuss whether you have a workers’ compensation claim. If so, we will work hard to obtain all the benefits available to injured miners by law. You have legal rights. Let us put our Kentucky Courage to work for you.
Here is what to do after a mining accident if you or a loved one is injured in Kentucky.
Report Your Coal Mining Accident
Miners who have been injured on the job need to document the accident and their injury as soon as possible. Your employer likely has policies and procedures for reporting accidents and injuries, which you should follow to the extent possible.
Seek Immediate Medical Attention
An injured miner should seek medical treatment within 24 hours of being hurt in an accident. This helps to ensure proper diagnosis and care for your injury. It also creates a medical record of the workplace injury. If you see a non-company doctor, be sure to tell the physician that you were injured while on the job. Ask for an “off-work slip” if the doctor says you need to stay home.
Notify Your Employer
Workers’ compensation benefits become available once an injury puts an employee out of work for more than seven workdays. The benefits include paid medical care and weekly checks to replace a portion of your lost income, while the worker is under a doctor’s care and unable to work.
Anytime a miner suffers an occupational injury, the mine operator is supposed to report it in writing to the Kentucky Division of Mine Safety (DMS) within 10 business days.
Mining accidents are to be reported to DMS immediately if the accident causes:
- Death
- Injury that has a reasonable potential to cause death
- Entrapment for more than 30 minutes or that has a reasonable potential to cause death
- Inundation of the mine by liquid or gas
- Fire lasting more than 10 minutes underground or 30 minutes in a surface mine
- Ignition or explosion of gas or dust, or a blasting agent
- Roof fall at or above the anchorage zone in active workings where roof bolts are in use, or a roof or rib fall occurs in active workings that impairs ventilation or impedes access
- Rock or coal outburst that disrupts regular mining activity for more than one hour
- Failure of an impoundment, refuse pile, or culm bank or unstable conditions that require evacuation of people or emergency action to prevent failure
- Damage to hoisting equipment in a shaft or slope that endangers an individual or interferes with the use of the equipment for more than 30 minutes
- An event at a mine that causes death or bodily injury to an individual not at the mine when it occurs.
Filing a Workers’ Compensation Claim
The Kentucky Department of Workers’ Claims (DWC) is the state agency responsible for administering claims and ensuring compliance with workers’ compensation law. The DWC has exclusive authority over workers’ compensation matters in Kentucky.
Seek a Mining Accident Lawyer for Legal Representation
In most cases, your employer will file for workers’ compensation on your behalf if you have been injured on the job. To help your employer file your claim in a timely manner, you or a family member should:
- Notify your supervisor of the work-related accident and injury as soon as possible. Follow up within a week of being injured by reporting the accident and your injuries in writing.
- See a doctor promptly and tell them how you were hurt at work.
- Get an “off-work slip” from the doctor if you are told to stay home.
- Keep copies of all correspondence and other documents related to your injury, medical care and workers’ comp claim.
If your employer doesn’t report the accident or questions your eligibility for workers’ comp benefits, you should talk to a workers’ compensation lawyer at Morgan, Collins, Yeast & Salyer to understand your rights and legal options.
On its “How to File a Claim” webpage, the Kentucky Department of Workers’ Claims says, “It is recommended that you hire an attorney to represent you through this process.”
Consult A Mining Accident Lawyer in Kentucky
An experienced workers’ compensation lawyer from Morgan, Collins, Yeast & Salyer can handle your Kentucky workers’ compensation claim from start to finish and let you focus on your medical care and recovery. We can make sure everything is submitted correctly. We’ll fight any attempt to deny you benefits. If your claim has already been denied, we can manage your appeal and seek the benefits available by Kentucky law.
Our law firm has recovered more than $300 million in compensation for hardworking Kentuckians who sustained injuries.
Workers’ compensation insurance, which is paid for by employers, pays:
- All medical bills for employees who are injured on the job, from emergency care to rehab
- Lost income, cash benefits equivalent to two-thirds of the employee’s average weekly wage
- Cost of training and education needed to return to work in mining or a different field
- Stipends for loss of hearing or eyesight, facial disfigurement, loss of use of a limb or extremity (hand, foot, finger, arm, leg, toe)
- Death benefits to family members of a miner killed in a workplace accident.
If you were injured in an accident caused by someone other than your employer, such as a contractor or piece of defective equipment, the at-fault party may be held accountable. A mining accident lawyer in Kentucky may be able to pursue a personal injury lawsuit on your behalf. Such a claim could result in additional compensation, including payment for your pain and suffering.
Many factors influence the amount of compensation you may be awarded. Many personal injury cases come down to the attorney’s ability to prepare a persuasive case and negotiate a fair settlement.
Let a workers’ comp lawyer from Morgan, Collins, Yeast & Salyer review the circumstances of your work-related injuries at no charge and discuss filing a workers’ compensation claim for you. We have helped many Kentucky families whose lives were disrupted by serious mining accidents. We pursue workers’ compensation claims and personal injury lawsuits on a contingency fee basis. We do not charge any legal fee unless we recover compensation for you.
Contact us today at (877) 809-5352 for your FREE personalized consultation. We are serving Lexington families but also have offices in Somerset, Manchester, London, North London, Hazard, Paducah, Paintsville, Prestonsburg, and Princeton. Don’t wait, call now!
