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West Virginia Coal Mining Accident Lawyer
If you or a loved one suffered an injury in a coal mining accident in West Virginia, you need an experienced West Virginia coal mine accident lawyer on your side. At Warner Law Offices, our award-winning attorneys have decades of experience fighting for the rights of injured miners and their families. We understand the devastating impact a mining accident can have and are committed to helping you recover the compensation you deserve.
Coal mining is one of the most dangerous occupations in the U.S., and mining accidents can happen even when safety protocols are followed. If you’ve been hurt as a miner, you may face mounting medical bills, lost wages, and an uncertain future. Our West Virginia coal mine accident attorneys can help. Contact Warner Law Offices today at (304) 345-6789 or reach out online for a free consultation.
- Why Hire Our Coal Mining Accident Attorneys in West Virginia
- What Types of Claims Can I File in a Coal Mining Accident?
- How To Determine Fault in a Coal Mining Accident
- Federal and State Mining Regulations
- Common Injuries Associated With Coal Mining Accidents
- Schedule Your Free, No-Obligation Coal Mining Accident Case Evaluation Today
Why Hire Our Coal Mining Accident Attorneys in West Virginia
At Warner Law Offices, our top-tier legal team of skilled Charleston coal mining injury attorneys is dedicated to advocating for injured miners and their families. While you focus on healing, we will:
- Investigate and collect evidence to substantiate your case
- Work closely with mining experts and forensic specialists
- Determine the cause of the accident, how it could have been avoided, and who is at fault
- Engage in settlement negotiations on your behalf
- Provide high-quality legal guidance and representation
- Advocate for you in court and fight for the best outcome possible
Led by founding partner and renowned trial lawyer Bobby Warner, our award-winning attorneys have been recognized as Top 10 Personal Injury Attorneys in 2024 by Best of the Best Attorneys. We are motivated by a strong sense of justice and strive to level the playing field for our clients against powerful coal mining companies and their insurers.
Small Firm, Big Results
Because Warner Law Offices is a small firm, we are better able to provide compassionate legal counsel tailored to the unique circumstances of your case. We have a strong track record of consistently securing high-value case results for our clients, including:
- $12 million for a man who suffered a spinal cord injury in a workplace accident.
- $9 million in a wrongful death case for the family of an industrial worker.
- $7.5 million for a client injured in a workplace accident.
- $4.7 million awarded to an industrial explosion injury victim.
Our Charleston mining accident lawyers are unwaveringly devoted to our clients and prepared to represent you both in and out of court. To learn more about our services, explore our client testimonials and do not hesitate to contact us to schedule your free, no-obligation consultation. We have extensive experience handling industrial mining accident cases and are ready to help you recover the compensation you deserve.
What Types of Claims Can I File in a Coal Mining Accident?
Folks injured in coal mining accidents can potentially file several types of injury claims, including workers’ compensation claims, personal injury lawsuits against negligent third parties, and deliberate intent lawsuits against their employer.
Workers' Compensation
Most employers in West Virginia are legally required to carry workers’ compensation insurance to cover their employees, so this is often the first route injured workers will turn to after an accident. Workers’ compensation provides benefits without requiring proof of fault.
Workers’ compensation will cover medical costs, part of their lost wages, and temporary or permanent disability. However, workers’ compensation usually is not enough to cover all expenses associated with mining accidents, so pursuing other avenues might be necessary.
Deliberate Intent Claims Against Employers
There is an important exception to the workers’ compensation rule barring personal injury lawsuits against your employer. Under West Virginia law, you may sue your employer if they acted with deliberate intent to cause your injury. Specifically, West Virginia Code § 23-4-2 states:
“If injury results to any employee from the deliberate intention of his or her employer to produce the injury or death, the employee, or, if the employee has been found to be incompetent, his or her conservator or guardian, may recover under this chapter and bring a cause of action against the employer, as if this chapter had not been enacted, for any excess of damages over the amount received or receivable in a claim for benefits under this chapter.”
However, filing this type of case against an employer can be complicated. If you believe you have a deliberate intent claim, seek assistance from a skilled mining accident lawyer as soon as possible.
Personal Injury Cases Against a Third Party
A third-party claim allows you to hold someone other than your employer accountable. When a third party causes your injuries, you may be able to pursue a personal injury lawsuit and hold that party liable. For instance, if equipment failures or defects caused your accident, you may be able to pursue a claim against the manufacturer.
Unlike a workers’ compensation claim, personal injury lawsuits require proving fault, so the defendant must normally be found negligent for you to recover damages. Through a personal injury lawsuit, you can pursue various types of compensation, including for medical expenses, lost wages, mental anguish, pain and suffering, loss of earning capacity, and permanent disfigurement.
How To Determine Fault in a Coal Mining Accident
Determining fault is crucial to most coal mining accident cases, particularly those involving third-party claims and personal injury lawsuits. Isolating the at-fault party is a complicated process that requires the assistance of an experienced coal mining accident claim attorney.
To identify the at-fault party, your lawyer will review accident reports, scrutinize the incident’s circumstances, and conduct a thorough investigation to collect vital evidence. Important evidence may include witness statements, vehicle and equipment maintenance logs, security camera footage, and much more. Our attorneys will work to reconstruct the incident, thoroughly examining the full circumstances to hold the at-fault party liable.
Historically, West Virginia has seen numerous devastating coal mine disasters, including the 2010 incident at the Upper Big Branch Mine that killed 29 miners. Mining companies are responsible for protecting workers from known hazards, including the risk of cave-ins and collapses.
If an investigation reveals that a mine operator failed to train its workers properly, maintain equipment, or follow safety protocols, they may be responsible for resulting injuries and deaths. Our experienced Charleston coal mine injury lawyers can help hold mining companies accountable.
Federal and State Mining Regulations
Coal mining companies must follow numerous state and federal regulations to ensure miners’ safety and prevent workplace accidents. The Department of Labor Mine Safety and Health Administration enforces mining laws and regulations at a federal level.
In 2024, MSHA is set to ramp up enforcement efforts and increase its roster of inspectors. This renewed focus on safety aims to reduce mining accidents and ensure compliance with important safety regulations. Companies that fail to adhere to MSHA standards may face significant fines and penalties.
At the state level, the West Virginia Office of Miners’ Health, Safety, and Training oversees mining regulations and enforcement. Standards include mandatory safety training, health and safety protocols, and procedures to mitigate dangerous work conditions.
Common Injuries Associated With Coal Mining Accidents
Coal mining accidents in West Virginia often result in severe, life-altering injuries. Many are fatal. Some of the most common injuries our mining accident attorneys see include:
- Broken bones and fractures
- Burns and lacerations
- Scarring and disfigurement
- Crush injuries
- Amputations
- Spinal cord injuries, including full or partial paralysis
- Neck and back injuries
- Exposure to toxic chemicals
- Severe nerve and ligament damage
According to data from West Virginia’s Office of Miners’ Health, Safety, and Training, there were 230 lost-time injuries in the state’s coal mines in 2022. Lost-time injuries are those that cause a miner to miss at least one day of work. The most common causes of these injuries were handling materials, slips, falls, and machinery accidents.
Schedule Your Free, No-Obligation Coal Mining Accident Case Evaluation Today
If you or a loved one suffered a coal mine injury in West Virginia, don’t wait to seek legal help from our Charleston coal mining injury lawyers. The award-winning legal team at our full-service personal injury law firm is here to fight for your rights. We offer free consultations and work on a contingency basis, so you pay nothing unless we win your case.
Let Warner Law Offices protect your legal right to compensation for injuries sustained at little to no fault of your own. Call (304) 345-6789 or reach out online to schedule your free consultation with a member of our skilled legal team. We have a proven track record and are ready to put our decades of experience to work for you.
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Bobby has received many accolades throughout the years from both his peers in the legal community, as well as the media. The National Trial Lawyers association named Bobby a Top 100 Trial Lawyer and he has been selected as a Member of the Nation’s Top One Percent. Additionally, he has been named a Best Attorneys of America by Rue Ratings, which also named Warner Law Offices to its Best Law Firms of America.
We represent clients across West Virginia and surrounding areas, providing compassionate client service and relentless advocacy in and out of the courtroom.
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