The coal mining tradition of Pennsylvania is legendary in American lore. At Berger and Green, we proudly assist people who were injured while working in these same coal mines.
Coal Mining Accident Victims Can Pursue Compensation
Coal mining accidents often entail workers’ compensation claims. This is because members of the public don’t frequently travel in close-enough proximity to coal mines to suffer an accident.
If your coal mining accident took place on the job, these are the damages you could pursue via a workers’ compensation claim:
- Death benefits, if you’re pursuing a claim on behalf of a lost loved one
- Medical expenses
- Permanent disfigurement
- Lost wages
These initial damages can be augmented by Social Security benefits, too, depending on the severity of your coal mining accident injuries.
How Do I Secure A Workers’ Compensation Claim?
Reporting your injury to your employer immediately is crucial. As soon as you know you were injured on the job, inform your employer. This will get the ball rolling on your claim. Failure to report an injury within a specific time frame could jeopardize your case.
After you’ve informed your employer, the workers’ compensation process will initiate. This process is oftentimes complex, and it’s likely your employer and their workers’ compensation insurer will have a legal representative. During workers’ compensation negotiations, you’re permitted to hire a Pittsburgh coal mining accident lawyer.
If your claim is denied, there are two appeals steps:
- The Workers’ Compensation Appeals Board
- Commonwealth Court
An attorney can advise you during appeals and explain your best next steps. Watch for these common reasons that coal mining accident cases are denied:
- You didn’t submit a claim on time
- Your employer questions the validity of your claim
- Your injury didn’t occur while you were working
- Your case lacks sufficient evidence
What If My Employer And I Can’t Agree?
The Pennsylvania Department of Labor offers support systems if the parties involved in a workers’ compensation case cannot agree. This support is called alternative dispute resolution and may include mediation or a settlement conference. As with the rest of the workers’ compensation process, you’re entitled to legal representation throughout alternative dispute resolution.
For a free legal consultation with a coal mining accident lawyer serving Pittsburgh, call 412-661-1400
Coal Mining Accident Attorneys Serving Pennsylvania
Our firm brings more than four decades of experience to every coal mining accident injury case we handle. This experience is more than just general personal injury experience. We maintain an entire practice area focused specifically on industrial accident injuries. Our personal injury practice reaches all kinds of coal mining-related injury cases, including:
- Methane poisoning
- Blasting accidents
- And more
On behalf of our clients, we fight back against the insurance companies and the coal mining companies’ interests who put their profits before our clients’ lives. We make it our job to fight for fair compensation for our clients’ injuries.
40 years of experience enables us to ask the right questions and look for the right evidence in these cases. You do not have to worry about us using your case to learn about the coal mining industry. We already understand how coal mining works. This familiarity means we can work faster and put more focus on developing legal strategies specifically tailored to the facts of your case.
Our experience means we also understand the extreme difficulties our clients are facing. We work with you compassionately while we aggressively protect your legal rights in and out of the courtroom. Whatever option we advise for you, trial, settlement, or workers’ compensation claim, you can rest confidently knowing we’re on your team. We hold the legal judgment you can use to understand all your legal options and to choose from those options wisely.
Pittsburgh Coal Mining Accident Lawyer Near Me 412-661-1400
How Long Do I Have To File A Coal Mining Accident Claim?
There is a range of deadlines associated with coal mining accident workers’ compensation claims in Pennsylvania, including:
- In most cases, you should inform your employer of your injuries within 21 days
- Injury notices must be given within 120 days of the accident if you want to receive compensation
- If your claim is denied, you have 20 days to submit an appeal
Due to these deadlines, it’s best to initiate your coal mining accident claim as soon as possible. If you don’t adhere to relevant deadlines, your case could be thrown out.
Similarly, workers’ compensation claims often entail the collection of evidence. Without evidence, it can be difficult to make your case, and gathering evidence takes time. A Pittsburgh coal mining accident lawyer from our firm can gather this evidence on your behalf and make sure you meet your deadlines.
What If Another Party Was Responsible For My Coal Mining Accident?
It’s entirely possible that your accident was caused by a third party, which could include:
- A product manufacturer if your case involves defective equipment
- A negligent subcontractor
- A property manager
If your case involved the negligence of a third party, you could turn instead to an insurance claim or lawsuit – using either of these two approaches would mean your case involves personal injury law, rather than workers’ compensation law. Our team can advise you on which applies to your case.
Remember, though, it can be difficult to figure out who was responsible for your injuries after a coal mining accident. Our team of attorneys serving Pittsburgh can work with you to assign liability, which involves proving the following four qualifiers:
- That the liable party owed you a duty of care
- That they behaved negligently and failed to adhere to this duty of care
- That this failure caused your coal mining accident
- That you suffered damages as a result
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Call For A Free Consultation Regarding Your Allegheny County Case
The industrial accident lawyers at Berger and Green will discuss your claim at no cost or obligation to you. Also, Berger and Green only gets paid if you win a settlement or court award in your case. You can reach our lawyers online or by calling our office.