Frequently Asked Questions
Q: What are some of the most common circumstances of a coal mining accident?
A. Common situations leading to injuries and deaths in surface coal mining and underground mining include explosions, toxic fume exposure, toxic chemical spills, electrical injuries, electrocution, roof falls, rib rolls, drowning and development of occupational diseases such as black lung death. Hill, Peterson, Carper, Bee & Deitzler, PLLC, has experience obtaining maximum available compensation for people who have suffered injuries and loss of life in a wide range of coal mining accidents.
Q: Is a coal mining accident usually cause for a workers' compensation claim, a premises liability claim or a personal injury claim?
A: The type of recovery you are eligible for after a coal mining accident depends on many factors, such as whether you were working for an employer or you were hired as a contractor. A detailed investigation will help determine what legal avenues you have for recovering damages.
Q: "Who can I sue?"
A: There is often more than one responsible party liable to compensate an injury victim after a coal mining accident. When defective equipment is involved, a manufacturer may be liable. When a supervisor failed to train workers properly, the coal mining company itself may be liable.
A West Virginia employer can be held responsible when a "deliberate intent hazard" existed. Deliberate intent hazard refers to a case where an employer knew of a particular hazard and did not take reasonable precautions to protect workers. If you can demonstrate that your supervisor was aware of an unsafe condition and did not notify you or train you adequately, you may be able to file a claim for compensation from the company that employed the supervisor.