Coal miners have long been central to Kentucky’s economic and cultural history. When coal miners go to work, they understand that the job comes with certain risks. However, mining companies have a legal duty to put protections in place to minimize the dangerous conditions and threats to their employees’ health and safety.
When mining accidents occur, coal miners can suffer serious injuries. The coal company’s workers’ compensation insurance should cover the costs of medical treatment and a portion of lost wages for injured workers. However, some insurance companies try to deny workers’ compensation claims or withhold full benefits.
An experienced mining accident lawyer can help you seek the full compensation available. If you’ve been hurt in a coal mine accident, the experienced Kentucky mining accident attorneys at Morgan, Collins, Yeast & Salyer understand the enormous challenges you are facing. Our law firm is committed to providing legal assistance to injured Kentuckians when they need it most.
We’ve recovered $300 million on their behalf to date. Contact us online or call us at (877) 809-5352 for a free consultation to discuss your legal options. Put our Kentucky Courage on your side.
Types of Mining Accidents
Due to the hazardous nature of mines and the mining process, coal mining accidents come in many forms. Below are some of the most common.
Roof Collapses
A roof collapse is one of the most dangerous types of mining accidents. The pressure exerted by the rock and soil above a mineshaft can cause the roof to give way without warning if the mine lacks adequate roof and rib support. A roof collapse at a loading point is particularly dangerous because most miners will be located in this area of the mine.
Explosions
Combustible materials such as coal dust and methane gas that are present in mines can cause explosions if not managed properly. Mines with high levels of explosive gases should have frequent inspections by the Mine Safety and Health Administration. The heat, flying debris, and concussive force of a blast can cause traumatic injuries and even prove fatal. The survivors of miners who are killed in mining accidents may be entitled to receive death benefits.
Machinery Accidents
The heavy machinery and haulage equipment used in mining operations, such as continuous mining machines, scoops, shuttle cars, conveyors, and more, pose many dangers for workers. Miners can suffer crushing injuries from being struck by machines, getting caught in moving parts, or being pinned against walls and equipment.
Black Lung Disease
Coal workers’ pneumoconiosis (CWP) or black lung disease refers to a group of lung conditions caused by long-term exposure to coal dust. Inhaling the particles triggers inflammation and scarring that destroys lung tissue over time. This leads to symptoms like coughing, shortness of breath, and eventual respiratory failure.
Miners who are diagnosed with this respiratory condition may be eligible for black lung benefits, including medical care and wage replacement benefits. But coal companies and insurance companies may try to deny black lung claims. Seek legal representation from an experienced attorney to fight for the full workers’ compensation benefits provided by law.
Chemical Leaks
Modern mines use a range of hazardous chemicals and substances, such as diesel fuel, hydraulic fluids, explosives, and battery acids. Leaks, spills, and accidents during transport or handling can expose miners to toxic materials that pose poisoning, burn, and contamination risks.
Electrocution
The extensive electrical systems that power mine machinery and equipment can prove hazardous when wiring is damaged or improperly handled. Any contact between miners and live wires or other electrified elements can result in electrocution.
Falls and Falling Objects
The ground in a mine shaft is often uneven, steep, muddy, or otherwise treacherous. Miners may lose their footing and tumble or be struck by tools, rocks, or other debris falling from heights. These accidents frequently lead to injuries, fractures, head trauma, and crushing damage.
Common Injuries Sustained in Mining Accidents
Some of the most common injuries and illnesses that miners sustain in workplace accidents include:
Traumatic Brain Injuries (TBIs)
Coal miners can suffer head injuries and brain injuries under many circumstances, including roof collapses, slips and falls, and machinery accidents. Injuries can range from a mild concussion to severe brain trauma leading to life-altering cognitive and physical impairments. Serious injuries may require intensive medical intervention over many months or years. The costs of these treatments can be enormous. A workers’ compensation attorney who has experience handling workers’ compensation claims can help an injured miner pursue all the medical benefits and disability benefits available.
Spinal Cord Injuries (SCIs)
The spinal cord is an essential neurological pathway connecting the brain to the rest of the body. Damage to it can leave a victim temporarily or permanently paralyzed. A paralyzed miner may require lifelong assistance in the form of assistive devices and care workers.
Amputations
Certain mining accidents involving powered equipment can result in a miner’s arm or leg being crushed or severed. In some cases, surgical amputation is required to save the victim’s life. Miners who suffer the loss of function of a limb may no longer be able to handle the physical demands of the job and may seek a settlement for work-related disabilities.
Burns
Explosions and other fire-related accidents can leave miners with severe burns. These injuries can cause a victim to go into shock, which can sometimes be fatal. Burn victims are susceptible to infections and sepsis. Treatment for burns can be painful and prolonged. Survivors often have disfiguring scars, which can require multiple rounds of cosmetic surgery and can have a highly detrimental impact on their self-image.
Chronic respiratory illnesses
The dusty air within coal mines can cause miners to develop long-term breathing difficulties, asthma, coughs, shortness of breath, and pneumoconiosis or black lung. Chronic respiratory illness, characterized by inflammation and scarring of the lungs, can make it impossible to work or enjoy even moderate forms of exercise.
Legal Rights of Mining Accident Victims
The consequences of a coal mining injury or illness can have significant effects on an individual’s physical, emotional, and financial well-being.
Kentucky miners who are injured on the job or develop a work-related illness typically have a right to file a workers’ compensation benefits. Workers’ compensation is an insurance that covers employees’ healthcare expenses and provides partial wage replacement for those who have suffered an injury or illness on the job. Most employers in Kentucky are required to carry workers’ compensation insurance to cover treatment costs and medical expenses after a workplace accident.
You do not need to prove that anyone was at fault to receive workers’ comp benefits. You have a right to paid medical treatment and rehabilitation. However, coal companies and their insurance providers often dispute work injury claims. In some workers’ compensation cases, you must receive treatment from an employer-approved healthcare provider.
Second, if you suffered injuries in a mining accident involving unsafe equipment, such as faulty dust masks or a vehicle with defective brakes, a personal injury lawyer can take legal action on your behalf to hold the manufacturer of the defective equipment financially accountable. Doing so can allow you to recover compensation not provided by workers’ comp, such as money for your pain and suffering and loss of enjoyment of life.
It’s important to have the guidance of a knowledgeable lawyer who understands the benefits that injured miners are entitled to claim.
Benefits of Hiring a Mining Accident Lawyer
Our experienced attorneys have a thorough knowledge of the laws that pertain to Kentucky mining accidents. As an established law firm, Morgan, Collins, Yeast & Salyer has the resources and skills to investigate a mining accident on your behalf and gather the necessary evidence to build the strongest case for compensation.
Insurance adjusters employ a range of tactics to minimize the amount of money paid out in claims. Working with an experienced workers’ comp lawyer can prevent an insurance company from taking advantage of you. If necessary, a workers’ compensation attorney can also represent you at a workers’ compensation appeals hearing before an administrative law judge.
How to Choose a Mining Accident Lawyer
If you have suffered injuries in a mining accident, your choice of attorney may be one of the most important decisions you make. Be sure to check the attorney’s reviews and testimonials to ensure that previous clients have had a positive experience working with them. It is a good idea to schedule a free consultation to discuss your situation and determine whether the attorney shows a genuine interest in you and your concerns.
The attorneys at Morgan, Collins, Yeast & Salyer understand the laws protecting injured miners. We are honored to put our knowledge and experience to work to serve our fellow Kentuckians when they need help most. Our testimonials and Facebook reviews from previous clients underscore our commitment to injured individuals in our community. We invite you to contact us to learn more about our approach.
Call a Kentucky Workers’ Compensation Lawyer Today
Hurt in a mining accident in Kentucky? The team at Morgan, Collins, Yeast & Salyer wants you to know that you are not alone. Our experienced workers’ compensation lawyers are here to help you understand your rights, access the healthcare benefits available, and pursue the compensation you deserve.
We understand the stress and uncertainty of a workplace injury. That’s why Morgan, Collins, Yeast & Salyer offers free consultations and dedicated support from our team of passionate workers’ compensation lawyers. We’ll navigate the legal maze for you, so you can focus on rest and recovery. Call us at (877) 809-5352 or contact us online to learn more about putting our Kentucky Courage to work for you.
