Articles from our Morgantown Personal Injury Law Office about Safety Issues, Insurance Law, Auto Accidents, Personal Injury Claims, and Other Legal Issues in West Virginia. Questions? Call 304-594-1800 or after hours, 304-216-6695 today.
Every year, miners suffer serious injuries due to the decisions of coal operators to violate safety regulations. The employers in this industry are obligated by law to meet certain standards in order to keep miners as safe as possible, and when they neglect this responsibility the consequences can be catastrophic.
According to the complaint, despite pointing out a safety hazard regarding the height of the mine roof and track conditions to the defendants on several occasions, the plaintiff says the companies never addressed the problem.
On Aug. 3, 2013, the plaintiff was traveling on the back of a transport vehicle in the mine, without a hard hat, when his head hit the roof protrusion that he and other employees had noted to the defendants. The complaint also states that the employees that operated the man-trip did so at unsafe speeds and that the plaintiff did not have time to react to avoid the hazard.
The resulting injuries were severe, the suit claims, including traumatic brain injury, impaired mobility and activities of daily living, permanent scarring and physical impairment. Both defendants have suffered lost wages and benefits, future earning capacity, future medical expenses and past medical expenses totaling nearly $1 million.
Edward Ellis Jr. and Tina Ellis filed the suit Aug. 3 in Wyoming Circuit Court against Pinnacle Mining Co., Cliffs Natural Resources Inc., Cliffs North American Coal Inc., Cliffs Logan County Coal LLC, Cliffs West Virginia Coal Inc. and Cliffs Mining Services Company.