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 Today. Our phones are answered night and day.
April 11, 2013 update: William E. Mock, 61, died in September at the Blacksville No. 2 coal mine in Monongalia County near Morgantown, WV. Federal inspectors find death was in part due to a failure of management to ensure the safety of its employees.
Mock, a general inside laborer, was fatally injured when an 11-foot by 5-foot piece of mine roof fell onto him on Sept. 13, 2012. Mock and another employee, Doug Ice Jr., were removing a piece of the permanent roof supports when the accident occurred. The Mine Safety and Health Administration’s fatal accident report concluded that failure to install additional support before the primary support was removed caused the accident.
The roof fell with just 30 minutes remaining in Mock’s shift.
“The plank was cut approximately half-way when they determined it was taking the weight from the mine roof. Mock stopped cutting the board,” the report states. “A portion of a roof bolt supporting the board was exposed due to the sloughing of roof material. Mock and Ice decided to cut the roof bolt with a track bonder. To avoid being exposed to a flash from the bonder, Ice turned his back. When the bolt was burned through, there was a loud ‘pop,’ causing Ice to duck. When Ice turned back around, he saw Mock covered with a rock from the lower chest down.”
Ice attempted to remove the rock but was unable to do so, according to the report.
“When assistance arrived at the accident site, Mock was checked for vital signs, but none were detected,” the report states. ” … The Mon County EMS Service transported Mock to the Waynesburg Hospital, where he was pronounced dead upon arrival.”
CONSOL could not provide proof to MSHA that either Mock or Ice had received task training for removal of permanent roof support.
MSHA’s report says management failed to assure that persons removing the roof were located in a safe position, failed to examine the roof conditions prior to removal and failed to provide task training instructing the miners in appropriate procedures for removing the roof supports.
“Management personnel were not present when the accident occurred,” the report states. “No member of mine management was with Mock and Ice during the entire shift, including the removal of the load-bearing support.”
In its root cause analysis of the accident, MSHA determined that the “most basic causes of the accident” would have been correctable through “reasonable management controls.” The report says CONSOL has since taken corrective actions to ensure policies and safety instructions related to the causes of the incident.
CONSOL received eight citations in relation to the investigation of the fatality.
Original Post: A CONSOL Miner, William Edward Mock died on Thursday, September 13, 2012 after being seriously injured when he was struck by a large rock during a workplace accident along the track haulage at the Blacksville No. 2 mine. According to the Dominion Post, the accident is under investigation and CONSOL is looking into what happened.
While the mine has a portal in West Virginia west of Blacksville, the bulk of the coal being mined is in Pennsylvania. The site of the accident will determine which state mine safety agency is involved.
CONSOL said it will provide updates on the accident as information becomes available and will work closely with federal and state mining officials to determine the cause of the incident.
West Virginia coal miners are among the hardest working professionals in America. Despite strong MSHA regulations, coal mining continues to be one of the most dangerous occupations in the world. Every year, miners are injured or killed because the coal operators continue to circumvent or violate safety laws for the protection of the miners.
If your loved one has been injured or killed while working in or near a coal mine in West Virginia, you are entitled to certain workers’ compensation benefits and other recoveries from the coal company for “deliberate intention” violations set forth in West Virginia law, Section 23-4-2. Moreover, you may also be entitled to seek a recovery for money damages from any third parties – like equipment manufacturers and subcontractors – that contributed to or caused your injuries.
The Robinette Legal Group is recognized as one of the region’s most successful coal mining injury litigation firms. Our attorneys understand the regulations and we know how to look beneath the coal dust to find the true cause of the accident and the full extent of your injuries and financial damages that result. We work independently as your attorney or with your workers’ compensation lawyer to seek full and fair compensation from the insurance company that is liable for damages.
Submitted by the Robinette Legal Group, PLLC, West Virginia Injury Lawyers. Free books and downloads for WV accident victims — Call us today: 304-594-1800 for your free copy of Righting the Wrong: WV Serious Injury Guide; Collision Care: WV Auto Injury Guide; or Beside Still Waters: WV Fatal Injury Guide for Families.
“It’s just crazy how many people went by and didn’t stop. If I was in his situation, I’d want someone to stop and help me.” Nathan Foreman
Kingwood, WV: On Wednesday, January 30, 2012, Brian Delaney of Morgantown, 47, was driving east in a Tri-State Mortuary Plymouth Voyager van that veered into a ditch, crashed into the embankment and rolled several times during a rainstorm. Delaney works for Tri-State Mortuary Services, of Poca, WV and was “on his way to Martinsburg, transporting someone to a funeral home,” according to Senior Trooper Wood of the WV State Police.
Nathan Foreman and Carl Wilson, education specialists at the USP-Hazelton, came upon the van near the Coopers Rock exit as they were returning from Morgantown. The two men stopped to see if they could help. They found Delaney “hanging upside down on the seatbelt,” according to Wilson.
“He wasn’t breathing,” Foreman said. According to Wilson, “It was a dire situation. I used my body to take that pressure off the seatbelt.”
Another man at the scene was small enough to get into the crushed van “to unclick the seatbelt,” according to Wilson. Once the seatbelt was loose, the men removed Delaney from the van and Wilson, a paramedic who once taught emergency medicine, began CPR.
“He slowly started breathing again,” Foreman said. Wilson added, “He didn’t regain consciousness, but he did start to breathe on his own.”
“It’s just crazy how many people went by and didn’t stop,” Foreman said. “If I was in his situation, I’d want someone to stop and help me.”
Delaney was in fair condition at Ruby Memorial Hospital late Wednesday, according to a hospital spokeswoman.
Good Samaritan Laws: Most states have a statute to protect individuals that assist a victim during a medical emergency. Most Good Samaritan laws are created specifically for the general public and assume that there is no medically trained person available to assist the victim. Since the Good Samaritan typically does not have medical training, the law protects him or her from being liable for injury or death caused to the victim during a medical emergency as long as the care was given in good faith and without malicious intent.
Submitted by the Robinette Legal Group, PLLC, West Virginia Injury Lawyers. Free books and downloads for WV accident victims — Call us today: 304-594-1800 for your free copy of Righting the Wrong: WV Serious Injury Guide; Collision Care: WV Auto Injury Guide; or Beside Still Waters: WV Fatal Injury Guide for Families. We are glad to answer your questions.
Traumatic brain injury (TBI) has been designated as the signature injury of the recent conflicts in Afghanistan and Iraq, and as a result many injured soldiers and their families suffer in silence. In response to the need, the US military is now funding new research and has established multiple centers for those soldiers with traumatic brain injuries to receive effective therapies to rebuild and reroute their neurological pathways in the hope returning to work and building a better future.
Though most of the traumatic brain injury cases we handle are the result of vehicle and work accidents, hazardous military duty and sports activities also often lead to traumatic brain injuries (TBI). Injury to the brain is usually the first injury to occur, and the last to be diagnosed. Thanks to new funding by the US military and the NFL, more hope, treatments, and tests are available to help heal the wounds.
Symptoms of TBI involve a wide range of symptoms including vomiting, persistent headaches, sensitivity to light, memory loss, mood disorders, inability to focus, slow reaction time, dizziness, depression, blurred vision, and loss of balance.
On the leading edge of TBI research are studies concerning the use of Omega-3 fatty acids and new cognitive therapies designed to reroute and stimulate neurological pathways where healthy parts of the brain can compensate by learning to handle new functions. Rest augmented by a battery of mental exercises involving memory drills, math, and hand-eye coordination can help a brain accomplish neuroplasticity, a term which means that the brain repairs, regenerates, and reconnects.
In January of 2013, the results of the examination of the brain of the former NFL player, Junior Seau, were published indicating that Seau’s brain was found to be clearly damaged by the repeated blows inherent to football. Prior to his death by suicide, he had been diagnosed with degenerative brain disease. Results of an NIH study of Seau’s brain revealed abnormalities consistent with chronic traumatic encephalopathy (CTE), a severe problem experienced by dozens of top football players.
The NFL may be facing thousands of lawsuits right now from former players who say that they were not protected or informed enough about the result of concussion. In response, The NFL, both directly and in partnership with the NIH, Centers for Disease Control and other leading organizations, is supporting a wide range of independent medical and scientific research that will both address CTE and promote the long-term health and safety of athletes at all levels.
PET Scans and Chemical Markers Can Identify Progression of Brain Diseases in Athletes
More and more, researchers have speculated a connection between sports-related concussions and mild traumatic brain injuries with the development of degenerative brain diseases later in life – most notably chronic traumatic encephalopathy (CTE) and even Alzheimer’s disease.
Previously, the only way to confirm a connection between repetitive brain injury and these debilitating brain conditions was through an autopsy.
But now, there may be a new way to identify or track the progression of these brain diseases while a current or former athlete is still alive.
For the first time, researchers from the University of California Los Angeles (UCLA) have utilized positron emission tomography (PET) scans and a newly developed chemical marker called FDDNP to do brain imaging tests on five retired NFL players. The new imaging technique ultimately revealed the buildup of the abnormal tau protein, which has been associated with repetitive head trauma, as well as the onset of Alzheimer’s.
New Research Indicates Omega-3 May be Part of the Answer
Brain Health Education and Research Institute was founded by Dr. Michael Lewis in 2011 to pursue educational and research endeavors to further knowledge of natural and nutritional ways to improve brain health. The initial focus of the Institute is educating providers and the public on the use of omega-3 fatty acids for the prevention, treatment, and rehabilitation of the brain prior to or following an injury such as traumatic brain injury or concussion. With Dr. Lewis’ 30-plus years of military experience, a special emphasis is working towards improving the care and outcomes of our military personnel and veterans who have experienced psychological or physical trauma to the brain.
Dr. Lewis is a pioneer in the use of omega-3 for concussion and TBI – a simple, yet profound concept. Everyone is different, but his theory is if the basic building blocks of the brain aren’t present, the brain is going to have a more difficult and longer time putting the pieces back together. Here is something essential to know:
According to Dr. Lewis, there is no cure for concussion and TBI. All medical providers can do is optimize the conditions to help the brain do the healing. That is what using omega-3’s will do. It provides a tool, the basic building block, for the brain’s healing.
Omega-3 Aids Brain Recovery of Randal McCloy, Survivor of the Sago Mine Disaster
Neurosurgeon Dr. Julian Bailes is often at the cutting edge of the latest treatments for people with brain injuries. Former NFL players and other notable people with brain injuries—including Randal McCloy Jr., the sole surviving miner in the 2006 Sago Mine disaster in West Virginia—have received his care. Dr. Oz talks with Dr. Bailes about how he used omega-3 fatty acids, a common nutritional supplement, to aid in Randal’s brain recovery.
On January 2, 2006, the nation was captivated by efforts to rescue 13 men who were trapped in the Sago coal mine explosion. While news sources initially reported that all 13 men were alive, tragically it was only Randal who survived. After more than 40 hours of exposure to carbon monoxide, Randal was entrusted into the care of many doctors, including Dr. Bailes. “He’s had a massive heart attack from the carbon monoxide exposure, he was in kidney failure, liver failure, he was dehydrated, he was hypothermic and he was in the deepest of coma,” he says. “We didn’t have anything promising.”
Soon though, Dr. Bailes says he and the other doctors were confident they could save Randal’s life, but it was uncertain if his brain would recover from its extensive injuries. Randal was given three hypobaric oxygen treatments, but Dr. Bailes says there was no drug available that could help repair his damaged brain. “Since there was no drug to do it … why don’t we give him what his brain was made from in the first place, when he was an embryo in his mother’s womb?” Dr. Bailes says. That substance was omega-3 fatty acids. “Omega-3 fatty acids—EPA and DHA—[are] what people commonly would call fish oil, but we gave him a super variety in extremely high doses, up to 19 grams a day that we delivered to him in a liquid form through his tube that was in his stomach,” he says.
As Randal’s brain functions started to improve, Dr. Bailes recorded his findings and now says people suffering from minor to severe brain injuries can benefit greatly from omega-3s. “Consider this as a nutritional supplement, if you will, for their recovery, which I think has very profound effects on the brain,” he says. While Randal was the first known person with brain injuries to be treated with omega-3s, Dr. Bailes says he won’t likely be the last. And, Dr. Bailes says everyone can benefit from the supplement—in fact, he says he takes 800 milligrams of algae-based DHA a day.
Randal McCloy has gone on to live a normal life in a small town in West Virginia and has become the father of two children since the Sago coal mine disaster.
US Army Funds Three-year study of Omega-3’s Effect on Brain Health
Research published last year by Brain Health Education and Research Institute’s Michael Lewis, MD, in the Journal of Clinical Psychiatry reported that active-duty military with lower blood levels of omega-3 fatty acids were 62% more likely to have committed suicide compared to those with higher levels. In October 2012, the military announced they are funding a three-year study to do just that. In cooperation with the NIH, researchers at the Medical University of South Carolina led by Bernadette Marriott, Ph.D., a professor in the Clinical Neuroscience Division of the Institute of Psychiatry, will test whether omega-3 fatty acids found in fish oils can relieve the anxieties and quiet the suicidal thoughts plaguing many combat veterans.
“The potential good versus the potential extraordinarily low risk and low cost make this a type of intervention that can be – if findings are warranted – rolled out extremely fast and on a large scale,” said Dr. Ron Acierno, a co-investigator on the project at USC. “Omega-3s are among the primary fatty acids in the brain… They’re responsible for the neural generation and neural repair – for new neurons to be made and for broken ones to be fixed.”According to Dr. Hibbeln, “Research conducted in our lab [at the NIH] during the last 20 years points to a fundamental role for omega-3 fatty acids in protecting against major depression, substance abuse and other problems. Here we hope to be successful in understanding if omega-3 may play a role in reducing the risk of severe suicidal behaviors among U.S. military veterans.”
If research by the Army and Cleveland Clinic is successful, then diagnosis for brain injury could include an inexpensive blood test. Medical researchers are developing a test that will determine the presence of a protein that is released into the bloodstream after a person suffers a brain injury.
Researchers are currently testing their findings by analyzing the blood of college football, hockey, and soccer players to even diagnose concussions. Current methods of diagnosing brain injury involve the use of a CT scanner. These scans are expensive and may also fail to detect slight bleeding and other signs of a brain injury.
The military has also ordered nearly 50,000 sensor helmets with the ability to measure the severity of blows to the head and to detect possible concussions. The NFL is partnering with the military to place similar sensors in the helmets of professional football players.
Research indicates that the potential for serious lifelong traumatic brain injury is increased greatly if a subsequent head injury occurs a short time after a concussion, so a quick and inexpensive means of determining mild brain injuries could be a lifesaver for military personnel, workers, children, and sports participants.
Jeff Robinette, Experienced Brain Injury Litigation Attorney
As a lawyer who has helped victims of TBI navigate and receive substantial settlements from insurance companies, my great hope for these injury victims is that they would be able to move forward with their lives and receive the best care and treatment available. Kudos to those who are at the forefront of this helpful new research designed to overcome TBI and help those people function in a manner close to that of their pre-injury selves.
Submitted by the Robinette Legal Group, PLLC, West Virginia Injury Lawyers. Free books for WV accident victims — Call us today: 304-594-1800 for your free copy of Righting the Wrong: WV Serious Injury Guide; Collision Care: WV Auto Injury Guide; or Beside Still Waters: WV Fatal Injury Guide for Families. We are glad to answer your questions.
Click on the book image for immediate download, or if you are a WV injury victim, call 1-304-594-1800 or email our office today to have a softcover book sent to your home at no cost or obligation to you.
Collision Care: A Guide for West Virginia Accident Victims will give you the basic facts that you must know in order to make the best decisions for your present and future circumstances and to help you achieve the best result possible regarding your injury claim. (87 pages)
Righting the Wrong: West Virginia Serious Injury Guide provides serious injury victims and their families essential information about the insurance claims process to enable them to maximize their efforts to rebuild their lives. (161 pages)
Beside Still Waters: West Virginia Fatal Injury Guide provides surviving family members the information they need in order to pick up the pieces of their lives to enable them to rebuild a financial future for themselves and their children. (123 pages)
Click on a book cover image for a free immediate download, or if you are an injury victim or family member, call our office today to have a softcover copy sent to your home. Due to limited availability, there is a limit of one book per family.
All of these books can also be purchased on Amazon.com and Barnes and Noble for $16.95 each, plus shipping, but if you act now, Jeff will send it to you at No Cost or obligation.
Some of the useful information you will find in these books:
What Are My Legal Rights?
What Is Legal Liability?
What Is Comparative Fault? What happens if we were both at fault?
How Do I Prove My Claim? What documentation must I provide?
For What Damages May I Receive Compensation?
Do I Really Need A Lawyer? How to choose the right lawyer for your case.
Can I Afford A Lawyer?
Financial Motivation Of The Insurance Company – to minimize their pay-outs and maximize their own profit.
What is wrongful death?
Statements and Authorizations – Think twice and get advice before you sign that release!
Social Media Traps and insurance company surveillance of your activities.
Spoliation of Evidence, vehicle salvage issues.
And much, much more!
Bonus Information: The Anatomy of a Real-life Injury Case and 10 Ways to Ruin Your Case
Our Mission
Morgantown lawyer and principal attorney, Jeff Robinette, shares what he believes is the mission of the Robinette Legal Group, PLLC. The primary objective of a personal injury law firm is to help the average person who has been the victim of negligence against the powerful resources of the insurance industry.
About the Author:
Jeffery Robinette is a personal injury lawyer with decades of insurance litigation and trial experience in personal injury and wrongful death claims. Prior to representing injured individuals exclusively, Mr. Robinette was a partner in a major West Virginia law firm where he focused his legal practice on defending serious personal injury and wrongful death claims and lawsuits stemming from auto and truck collisions. He has also represented the nation’s largest and most powerful insurance companies at all levels of litigation including jury trials and appeals in state and federal courts in West Virginia.
Mr. Robinette taught insurance companies and their adjusters how to follow insurance laws and regulations, including how to adjust insurance claims in good faith. He was a frequent speaker at insurance conferences on West Virginia insurance law.
Submitted by the Robinette Legal Group, PLLC, West Virginia Injury Lawyers. Call us today: 304-594-1800. We are glad to answer your questions.
A CONSOL Miner died on Thursday, September 13, 2012, after being seriously injured when he was struck by a large rock during a workplace accident along the track haulage at the Blacksville No. 2 mine. According to the Dominion Post, the accident is under investigation and CONSOL is looking into what happened.
While the mine has a portal in West Virginia west of Blacksville, the bulk of the coal being mined is in Pennsylvania. The site of the accident will determine which state mine safety agency is involved.
CONSOL said it will provide updates on the accident as information becomes available and will work closely with federal and state mining officials to determine the cause of the incident.
West Virginia coal miners are among the hardest working professionals in America. Despite strong MSHA regulations, coal mining continues to be one of the most dangerous occupations in the world. Every year, miners are injured or killed because the coal operators continue to circumvent or violate safety laws for the protection of the miners.
If your loved one has been injured or killed while working in or near a coal mine in West Virginia, you are entitled to certain workers’ compensation benefits and other recoveries from the coal company for “deliberate intention” violations set forth in West Virginia law, Section 23-4-2. Moreover, you may also be entitled to seek a recovery for money damages from any third parties – like equipment manufacturers and subcontractors – that contributed to or caused your injuries.
The Robinette Legal Group is recognized as one of the region’s most successful coal mining injury litigation firms. Our attorneys understand the regulations and we know how to look beneath the coal dust to find the true cause of the accident and the full extent of your injuries and financial damages that result. We work independently as your attorney or with your workers’ compensation lawyer to seek full and fair compensation from the insurance company that is liable for damages. Call us today at 304-594-1800.
One person was killed in a crash Wednesday morning on I-79, near the Pennsylvania state line.
According to a press release: A 2008 Ford F-350 Super Duty truck belonging to Energy Contractors LLC was headed north on I-79 when the driver lost control, near the 158 milepost. The truck went into the median and flipped several times, throwing out the driver and a passenger.
The driver was pronounced dead at the scene; the passenger sustained minor injuries.
A Weston man was identified as the victim of Wednesday’s fatal crash on Interstate 79.
The accident was reported to MECCA 911 at 6:28 a.m. The southbound lanes of I-79 were shut down for about an hour and a half, during which the Pennsylvania Department of Transportation routed traffic from the Mount Morris exit to U.S. 19.
According to its website, Energy Contractors provides a range of services for the oil and gas industry throughout the northeastern U.S. and the Appalachian basin.
If you have any questions regarding injuries from truck accidents, contact our office by calling 304-594-1800 or email Jeff at jeff.robinette@robinettelaw.com.
We answer questions like yours every day, and would be glad to give you the answers you need when navigating the insurance claim settlement process.
Workplace accidents, car accidents, truck accidents, and motorcycle accidents often result in various types of foot injuries. These injuries can be extremely debilitating and life changing. Suddenly, through no fault of your own, you find that you can no longer enjoy activities that have been an important part of your life up to the time of the accident. Often surgery, physical therapy, and weeks of limited activity are required for optimum healing. Some of the most common foot injuries include compartment syndromes, fractures of the metatarsals, and fracture of the heel bone (calcaneus).
Acute Foot Injuries
Acute foot injuries that often result from work or motor vehicle accidents include severe bruising, torn ligaments, puncture wounds, ruptured tendons, joint sprains, muscle strains, as well as various types of broken, fractured, shattered, or dislocated bones.
Compartment Syndromes of the Foot
Compartment syndromes of the foot typically result from workplace, industrial, agricultural, warehouse, and motor vehicle accidents. When a heavy object runs over, crushes, or impacts the foot, swelling occurs along with severe pain. The foot structure consists of many small compartments. These compartments are filled with muscles, nerves, and tendons and are lined by a tight membrane. When an injury to the foot occurs, there is often some bleeding in the muscle tissue, causing the foot to swell and expand. The lining of this membrane has a limited capacity to expand. If the fluid and muscle swelling inside the compartment becomes significant, they may exceed the blood flow in and out of the small compartments. If the pressure inside the compartment increases too much, the nerves and muscles start to get squeezed and stop functioning properly.
Metatarsal Fractures; Lisfranc Injury
Injuries to the metatarsal joints are quite common. They can occur from something as simple as twisting your foot when stepping unevenly or may occur from more violent injuries such as a fall, work accident, or car accident that crush the metatarsals. Surgery is required in most of these injuries. The broken or dislocated foot bones often need screws that are inserted internally into the bones across the joints for optimum healing. If surgery is not performed, then a boot or a cast is used. It can take eight to ten weeks for this fracture to heal with a 70% success rate using the cast. Surgery has a better success rate with a six-week healing time. The screws are typically left in for four to five months after the surgery and then removed. No walking on the foot is permitted for six weeks, and then walking is allowed with a removable b oot for the next four weeks. Swimming and biking are permitted early on after the surgery. If left untreated, full healing may never occur which means you will never return to your normal activities and which also may lead to painful arthritis that requires treatment.
Fracture of the Heel Bone (Calcaneus)
Fractures of the heel bone are debilitating injuries. Usually, these fractures occur from car accidents and work accidents when a tremendous force crushes the heel and fragments the bone. Surgery is required to put the bone back together with a metal place and multiple screws. This procedure decreases the likelihood of severe arthritis later on and maximizes the potential for a good recovery. If the bone is severely crushed, the bone may also need to be fused. Following the surgery, no walking on the foot is permitted for three months, and physical therapy is required. Typical recovery time is about six months. Occasionally, the surgery does not result in healing and must be repeated. Surgery on the heel should be performed as soon as possible after the injury to prevent permanent widening and deformity of the heel in addition to chronic pain and arthritis.
Morgantown Accident Lawyers
If your foot or heel injury has resulted from an accident due to the negligence of another driver or your employer, please contact our office and we would be happy to evaluate whether we can help you gain compensation for your pain, lost wages, and medical bills. Jeff Robinette at the Robinette Legal Group, PLLC in Morgantown, WV has helped many workplace accident and car accident victims get the recovery they need. Call today for your free consultation at (304)594-1800 or visit our website to learn more about navigating the legal process of recovering from your injuries. If you are a WV accident victim, we would be glad to send a free book to your home, or make an immediate download of one of our three books available to you for no cost or obligation.
In September of 2011, 63-year-old Rivesville man was killed in a workplace accident at the FirstEnergy Harrison Power Station near Lumberport. The Occupational Safety and Health Administration (OSHA) ruled the plant’s owner, First Energy, is at fault in the death of one of its employees.
OSHA ruled he died by getting crushed between a moving platform of a Rotary Plow Feeder and a standing guardrail. According to OSHA’s report, First Energy allowed employees to work in an environment where the equipment could cause several fatal injuries.
Officials said First Energy contested the ruling and is now pursuing a settlement with OSHA. (WBOY.com)
A bulk handling operations technician was trapped between a piece of machinery and a guardrail in the coal handling area near 12:30 p.m. Ned Johnson had worked for FirstEnergy for twenty-five years and for the Harrison Power Station for two years. This area was closed by the company after the accident.
Although at least three other FirstEnergy employees in Ohio and Pennsylvania have been killed on the job in the last six months, FirstEnergy’s Harrison Power Station is part of a labor department program meant to allow work sites with good safety records to avoid routine Occupational Safety and Health Administration inspections. This program has been criticized by workplace safety advocates and congressional auditors. The Harrison Power Station has not been inspected for more than a decade according to the U.S. Department of Labor. The Harrison Power Plant was last inspected in July of 2000 and cited with two minor violations.
Operators of heavy construction and industrial equipment face some of the most dangerous work conditions in America. When a piece of equipment fails, bringing a machine that can weigh multiple tons or more to an emergency stop is often impossible. Operators behind the wheel or working near the equipment are at the mercy of unstoppable mass and energy.
According to WV MetroNews, this could be the week that the proposed comprehensive mine safety bill is passed. The bill is designed to address some of the problems that led up to the Upper Big Branch mine disaster that claimed the lives of 29 miners in April of 2010.
All sides have agreed to rock dusting, ventilation plans, methane monitoring for coal mines, and family representation for any future deadly mine accidents. The proposed bill also makes it a crime to warn a coal operator that a mine inspector is on site, puts stricter controls on keeping coal dust under control, and mandates that mining machines automatically shut down when methane levels build up. The legislation also requires drug testing of certified coal miners and others who are routinely present at mining sites.
The exact language is still being debated, but all are agreed that these brave workers must be protected from preventable disasters.
April 11, 2013 update: William E. Mock, 61, died in September at the Blacksville No. 2 coal mine in Monongalia County near Morgantown, WV. Federal inspectors find death was in part due to a failure of management to ensure the safety of its employees.
Jeffery Robinette is a personal injury lawyer with decades of insurance litigation and trial experience in personal injury and wrongful death claims. Prior to representing injured individuals exclusively, Mr. Robinette was a partner in a major West Virginia law firm where he focused his legal practice on defending serious personal injury and wrongful death claims and lawsuits stemming from auto and truck collisions. He has also represented the nation’s largest and most powerful insurance companies at all levels of litigation including jury trials and appeals in state and federal courts in West Virginia.
