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Missouri Coal Mining Accidents – Understanding Your Rights

Coal mining is still a booming industry in Missouri, as anyone who works in this industry is well aware.

There are currently around 400 active mines in Missouri and approximately 30,000 individuals are employed in these mines. As you can imagine, this is a very dangerous line of work and accidents do happen. Miners and other employees are covered under Missouri workers’ compensation laws.

If you are involved in an accident it is important to discuss your accident and the circumstances surrounding it with an experienced workers compensation attorney in order to determine whether or not there are any additional parties who can be held responsible. A workers compensation attorney who has experience handling mining cases can help you obtain the maximum benefits to which you are entitled.

Mining accidents can cause catastrophic injuries or fatalities. Both of these can leave families without any income for a period of time or entirely. Injured workers and their families are entitled to compensation, but may need an experienced attorney to investigate the accident, determine what happened, who is responsible, and what sort of compensation you should be provided. Without the aid of an attorney it can be difficult to maximize your recovery. Attorneys have the experience and legal resources that make this possible. If a third party has participated in causing the accident, your workers comp attorney will pursue damages from that party as well, fighting for maximum recovery in a personal injury lawsuit.

When workers’ compensation claims are denied, it can be extremely stressful for injured workers and their families. In many cases the injury claims are valid but insurance companies will deny the claims in order to save money and discourage workers from continuing to pursue the claim. Without the compensation you need, you may be left in the lurch without any way to pay for medical expenses, in addition to the loss of income you experience from being unable to work.

It can be difficult to determine the cause of an accident. When a third party contributes to causing an accident, it is important that he or she be held responsible. In order to keep miners safe, maximizing safety is important. If there is something unsafe happening, identifying the cause is extremely important.

There are several different third party factors that can contribute to causing or worsening a coal mining accident.

  • Faulty equipment – these can include drills that are defective, malfunctioning excavation or blasting equipment.
  • Toxic exposure – Silicosis or black lung cancer can be caused by silica dust exposure that occurs during blasting or surface drilling.
  • Operator error – drill operators, coal truck drivers, truck drivers, or blasting personnel who are overworked or undertrained can also cause errors.

Your attorney will investigate to determine liability. It is also important to determine whether the mining company has had past accidents and has demonstrated a history of unsafe practices. Manufacturers can also be held accountable if they have made a faulty product. Liability must be approached from every angle in order to protect your legal rights to the fullest extent.

Missouri Workers Compensation

Not every mining accident is caused by a cave-in. Miners can be injured doing everyday tasks since mining is a very dangerous industry. Any injury can affect a person’s ability to do their job. Miners are covered under Missouri workers’ compensation laws, so if you are having trouble with a claim or if your claim has been denied, contact the Law Office of James M. Hoffmann. We will fight to protect your rights and get you the compensation you are entitled to.

Call us today at (314) 361-4300 or fill out our online contact form.

Workers & Industry

photo credit: peterp

Updated: November 11, 2019