Experience is extremely important in a coal mining accident case, whether it’s a deep mine case or a surface mine case, because the job of coal miner is extremely dangerous. And, unfortunately, many operators often put profit ahead of safety. There are very specific state and federal laws and regulations that are in place to protect coal miners and your attorney must not only understand those laws, but be able to use them to prove how and why you were hurt.
You would be shocked to see how many coal miners are required to do job that they have never been properly trained to do. The paperwork doesn’t exist in their personnel file that says they can legally do the job, but because the employer is rushing to get their profits, they make them do it. You lawyer has to know how to dig to find that information.
The regulations also speak to the maintenance and safety of the mine in general. Did the miner get hurt in a crush because the roof wasn’t being maintained pursuant to federal requirements? Was the mine properly rock dusted and ventilated? All of those things are regulated by the federal and state government and you’ve got to have the experience to know what it is you’re looking for when you’re dealing with one of these accidents.
Many times on the surface mines we find that if it’s not because the miner wasn’t trained to do the job, it’s that the equipment wasn’t properly maintained. If you have the experience with regards to the regulations, you can quickly find out that the equipment that injured the miner was up to code.
Last but not least, you’ve got to have the experience to prove what went wrong and demonstrate how the company put profits ahead of safety to the judge and a jury. The coal company didn’t spend the money to rock dust, they didn’t spend the money to maintain equipment, they didn’t spend the money on training, and they cut corners. When they cut those corners, the killed or maimed a coal miner. And that’s why you need someone with experience. You need someone who can look into those issues for you and your family and make sure you get the best results for your case.
We here at The Segal Law Firm have been involved in cases where a single miner was seriously injured, whether it’s a death, a head crush, or a lost limb. And we’ve also been involved in a number of the large mine disaster cases, such as the Upper Big Branch mine disaster and the Aracoma mine disaster, where you’re not only representing one family, but multiple families. We understand the complexities of the law in regards to coal mine cases and can explain those to you in a free phone call at 855-344-9100.