Workers’ Compensation for Miners

Most people think of miners as workers who toil deep underground in often difficult and dangerous conditions, such as in a coal mine. This is still the case in some parts of the country, such as Kentucky and West Virginia, but there also many open cast mines and mines that have been dug by drilling machinery offshore such as in the Gulf of Mexico.

In fact, miners and oil and gas industry workers face similar workplace related risks and, together with firefighters probably have some of the riskiest jobs on the planet. Miners who work in open cast mines are most at risk from injuries sustained working with machinery, while coal and underground miners risk explosion when gases like methane ignite or unstable rock or mine tunnel supports collapses.

Common Workplace Injuries

Miners face a number of very varied and often unique risks. They may be crushed by rocks or machinery in a mine collapse. They could be injured by cutting tools and drills and suffer lacerations or the dismembering of limbs.

Their work may involve lifting heavy machinery in cramped conditions, resulting in back injuries. They may face the danger of inhalation of unhealthy amounts of noxious gases, either from naturally occurring substances or from combustion of fuel in an enclosed environment.

Explosions and fires in a confined space may lead to severe burning. Miners who regularly use or work in the vicinity of massive mining machinery and vehicles face being crushed, especially if part of the roadway or the mine surface itself collapses.

Next Steps After a Workplace Injury

It is unlikely that any miners are not covered by workers’ compensation. Injuries must be reported as soon as possible and the accident officially recorded by the employer. Depending on the exact state workers’ compensation rules, this information may be needed to be passed on to the relevant state body or directly to the mine company’s insurer.

Treatment should be followed by a claim for workers’ compensation stating the details that led to the injury or mine related illness. Workers’ compensation is a no-fault type of insurance, so there is no need to prove that the injury was due to the negligence of the employer.

This should theoretically make such a claim faster than a personal injury claim, but it is wise to submit as much paperwork as possible with a claim demonstrating the fact that the accident genuinely happened at work and proof of costs for treatment.

Workers’ Compensation for Miners

How Workers Compensation Can Help

Workers’ compensation may be easier to obtain than a personal injury claim, but is typically restricted to replacing the cost of medical treatment and some, not all of lost wages. The compensation for lost earnings tends to be around two thirds of the amount expected to have been earned during the time the miner was absent from work. The main disputes from an insurer’s point of view are when the injury is not thought to have happened while at work, or the time off work claimed is not justified.

Why You Should Contact a Workers’ Compensation Lawyer

Miners can suffer from horrifying injuries and in that event deserve every dollar of compensation they are owed. It is advisable to use the services of an experienced workers’ compensation attorney after a mine site accident.

The attorney can advise you about your rights, suggest documentation that can help your claim and fight any challenge or denial of a claim by appealing the decision. To speak with an experienced workers’ compensation attorney, complete the Free Case Evaluation on this page.

Additional Resources