Is A Mining Accident Handled Through Workers' Compensation Insurance?
After a mining accident, an investigation is necessary to find out everything that went wrong so that similar accidents can be prevented in the future. Also, if the mining accident was the result of negligence and you were hurt, you will need to perform your own investigation to show that your injuries were the result of the mining accident.
However, because you are likely covered under workers' compensation, you will be compensated regardless of whether there was negligence involved because workers' compensation is a no-fault system. However, the situation might be more complicated if you are a contractor.
Your Relationship to Your Employer
Your injuries can fall under workers' compensation law, premise liability law, or personal injury. Also, the type of case you have will depend partially on who you decide to seek compensation from.
Once you are injured, you should inform your employer. If you are an employee, they should file a workers' compensation claim. Then, you should receive treatment for your injuries as soon as possible. Otherwise, you may be accused of not being as injured as you claim and you won't have the evidence necessary to prove that you are injured.
If you are not an employee, you will need to find out who was liable for your injuries. There might be more than one party that is responsible for your injuries. For example, there might have been a defective piece of equipment, and the manufacturer may be responsible for the equipment being dangerous. However, someone else may have been aware of the defective equipment and might have failed to remove the equipment or post adequate warnings. If a supervisor was reckless, you may be able to seek compensation from the employer who employed the supervisor.
Why You Need a Coal Mining Attorney
After you have become injured, your employer will immediately want to reduce their liability and may also want you to return to work before it is safe for you to do so. On the other hand, a coal mining attorney has your best interests in mind and will fight for your right to compensation.
Your coal mining attorney can inform you of the most effective way that you can pursue compensation for your injuries. The coal mining attorney can also allow you to more effectively calculate the damages you have suffered so you can make sure that you receive the compensation you deserve for your injuries and lost wages.
To learn more, contact a coal miner attorney.