mining accidents

Developments in technology and stricter safety regulations have greatly improved the conditions miners have to work in, but even so, they still face work injuries.

In 1931, the first year the Mine Safety and Health Administration (MSHA) started collecting data on the subject, there were 1,688 reported fatalities in the mining industry. Between 2008 and 2018, there were 400.

Things are moving in the right direction, but even if working in the mines is technically safer today than some decades ago, this new technology often presents new risks. Deaths resulting from electrical faults, for instance, have increased in 2018 in comparison to 2017.

When a miner gets injured on the job, what are their options?

How to Get Compensated

Missouri miners who get injured while on the job have the right to get compensated for their medical costs lost wages, and any other costs amounted from the accident. The Missouri Department of Labor reports there have been 117 injury reports in the mining industry in 2017 (your employer is obligated to send a report of your accident to the Division for Workers Compensation.)

To get compensated, you generally must follow these steps:

Seek medical attention

Inform your employer of the injury in writing, and specify the details of the injury (the type, where it happened, when it happened, etc.)

Request an official claim from your employer and fill it out

Then, your employer must handle processing the claim. It is best to also get in touch with an experienced work injury lawyer to ensure your rights are protected right from the start of your claim. An attorney at the Law Office of James M. Hoffmann can review your claim for free.

What Could Go Wrong?

Of all the injuries cases in the mining industry, roughly 20 were filed directly with the Division, which is a step you take when your workers’ comp claim was denied or partially denied, and you want your case reviewed further.

In some cases, mistakes get made, and your employer forgets to file your claim, so the benefits will take longer to come. Or, the insurance company may want to investigate the accident to see if you really did get hurt on the job, or are just claiming you did to cover the medical costs of another condition (this can be true when there’s no workplace injury, but a workplace illness).

These issues can stall the process quite a lot, and in some cases, miners have even seen their compensation claim denied. Even so, they are not without options.

Speak With an Attorney ASAP

If you’re a miner and got injured on the job, you are likely entitled to workers comp. Please reach out to a St. Louis worker injury lawyer for help you filing the claim and making sure everything runs smoothly. If your claim gets denied, your lawyer can take the matter to the Division, where it will be reassessed by the state.

Give us a call 24/7 at (314) 361-4300 for a FREE consultation.

If you have been injured in a mining accident and are not receiving the medical care you deserve, contact a Missouri workers’ compensation lawyer immediately.

News stories of trapped miners around the world still haunt the mining industry, even with every possible precaution being taken. Workers in the underground mining industry put their health and lives in danger every time they enter their place of work. Those in Missouri are no exception. If you have been injured, it is your right as an employee to be fully compensated for work-related injuries, as well as any future medical care you may require.

Number One Cause of Injury

Falling debris and rock is still the number one cause of injury to Missouri miners. While OSHA demands that precautions be taken to protect miners from being hurt from falling debris, the methods used are often ineffective. From a great height, even a rock smaller than your fist can cause a severe injury. Whether proper safety measures were followed or not, a qualified Missouri workers’ compensation attorney will see to it that your injury is recognized as a work-related one and that you receive all of the medical treatment you need to fully recover.

When You Cannot Return to Work

Some injuries sustained by working miners are so severe that returning to the workplace is not an option. In this case, the employer is obligated to pay a percentage of the worker’s salary until they are able to, if ever, return to gainful employment. The employer and the insurance company are likely to try and dispute these claims, making it necessary for the injured employee to appeal the decision. It is important to have a Missouri workers’ compensation attorney assist in that appeal, since the proceedings are very complicated and not much different from a jury trial.

Take for instance a Missouri miner who suffered a crush injury from falling debris. While the injuries were initially treated and she was able to return to work, recurring pain from the accident eventually became debilitating. With the help of a skilled attorney, it was proven that the subsequent pain was a result of the initial mining accident, and that she was entitled to a weekly payment of $453.86 along with a one-time payment of $90,000 to cover medical expenses.

Additional Work-Related Hazards For Miners

Falling rocks are not the only hazard facing miners today. They are at risk for injury from sudden floods, fires, explosions, and toxic air; these dangers are compounded by the close quarters inside of the mine. OSHA insists that mining companies and their employees undergo extensive training to learn how to avoid these types of accidents and how to protect themselves from injury in the event of one. This type of training goes a long way in preparing miners for how to react when an emergency situation does arise. Even so, employees of the mining industry are still getting hurt on the job every day.

Missouri Workman’s Compensation Lawyer

If you are one of them, and are having a difficult time with your workers’ compensation claim being accepted, let a Missouri workers’ compensation attorney help you. Call The Law Firm of James M. Hoffmann at (314) 361-4300.

Workers & Industry

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