West Virginia Injury Lawyer Blog

For some West Virginia legislators, sponsoring a mine safety bill wasn't just about preventing a repeat of the 2010 Upper Big Branch mine tragedy: it was also about something personal. Two legislators had lost fathers in coal mining accidents.

House Speaker Rick Thompson lost his father in 1952, when he fell off the mine roof -- before Thompson was even born. Delegate Charlene Marshall lost two fathers -- her biological father when she was six years old, and later her stepfather. Marshall emphasized that she never wanted any child to feel what she felt. As a result, she and 11 other legislators have sponsored a bill that would not only increase training and increase sanctions for violations, but would also improve the role of miners' families during investigations. Miners' families or their representatives would be permitted to sit in on investigator interviews. This would prevent situations like the one Marshall experienced. During a routine canvassing for the vote, she learned that the details of her father's death were different from what her family had been told.

In addition, the bill would require a review of the three reports that were issued by Upper Big Branch investigators. The goal is to identify problems and then alter safety standards to ensure that disaster never strikes again. The three reports, as well as a federal report issued by the Mine Safety and Health Administration, faulted Massey Energy Company for allowing safety lapses that led to the accident, as well as Massey's efforts to conceal these problems.

If the bill is passed, changes will include a whistleblower hotline for mine safety violations, double the penalties for lying to investigators, and triple the penalties for safety violations. Mining machines would shut off automatically if methane levels were too high. Mine workers would be permitted to leave areas that they believed to be unsafe.

We at the Wolfe Law Firm applaud West Virginia legislators and Governor Tomblin for taking sensible steps to end the safety abuses routinely found in coal mines. While the 2011 death toll was much lower than in 2010, more than a dozen people still died in coal mining accidents. The numbers may rise if something is not done to prevent them. Fortunately something is being done, and it will be up to inspectors and whistleblowers to ensure that mining companies don't successfully evade the new regulations.

Continue reading "West Virginia Legislators Sponsor a Bill That Would Improve Mine Safety" »

Despite the improvements in mining safety, there have still been more than a dozen mining fatalities this year. Just as a settlement has been reached concerning the 2010 Upper Big Branch mine explosion, lawmakers in Washington are hoping that a final investigative report on the tragedy that killed 29 people will renew interest in mine safety legislation.

West Virginia's Senator Jay Rockefeller is a key supporter of the Robert C. Byrd Mine and Workplace Safety and Health Act. The Act would increase penalties for significant safety violations, aim to protect whistleblowers, and shutdown "problem" mines. Senator Rockefeller called the legislation commonsense and said that there is "no excuse" for not supporting it. He and Senator Joe Manchin introduced the bill after a similar one failed the previous year in the House of Representatives. At the time, critics claimed that it was premature since the investigation was not yet complete. Now, with the federal Mine Safety and Health Administration (MSHA) claiming that Massey Energy Company (previous owner of the Upper Big Branch mine) used "systematic, intentional, and aggressive efforts" to conceal problems that were life threatening, the legislation may get a more serious look.

Meanwhile, Alpha Natural Resources, Inc., the company that bought Massey Energy Company, has agreed to pay $200 million to resolve various civil and criminal penalties linked to the Upper Big Branch mine disaster. The global settlement will not only resolve civil fines issued by MSHA, but will also serve as restitution to families of the miners killed. Some of the money is also expected to be used for mine safety research.

Although the settlement would resolve Alpha's corporate criminal liability, many believe that prosecutors would still be able to pursue individual Massey former employees and officers. The families' attorneys also claim that the settlement will have no effect on attempts to mediate wrongful death suits filed for 18 miners.

If your loved one is injured in a mining accident, you have options. If the mining company has workers compensation, you must accept workers compensation payments in place of filing suit against your employer. You will receive fixed payments until you recover from the accident, even if you were partially to blame for it occurring. However, you could also hire a West Virginia personal injury lawyer and file a lawsuit against a third party if it was partially responsible for the accident -- such as the manufacturer of faulty equipment.

Continue reading "As Final Report On Upper Big Branch is Released, Alpha Settles and West Virginia Senators Pursue Tough Mining Legislation" »

Hughie Elbert Stover, security chief at Massey Energy Co., was convicted of obstructing a federal criminal investigation and of lying to federal investigators. Stover has been security chief of the Upper Big Branch mine in West Virginia since 1999, including during the period of the 2010 explosion that killed 29 mine workers.

After the Upper Big Branch explosion, the federal government conducted a far-reaching criminal probe into what went wrong. Stover was found guilty of obstruction after ordering a security guard to get rid of thousands of documents related to security, several months after investigators interviewed Stover about the accident. A jury in a U.S. District Court in Beckely gave Stover the maximum penalty -- 25 years in prison -- but he remains free until his February 29, 2012 sentencing.

There is no word over whether Stover will appeal the ruling, though Stover's attorney called it a "rush to judgment" when those directly responsible for the mine explosion had not yet been charged.

The Upper Big Branch accident was the worst in West Virginia's history, and the worst overall since 1970, when 38 miners were killed in Kentucky. The accident occurred after high methane levels were reported in the mine. The federal investigation that followed revealed that Massey Energy had repeatedly failed to meet safety standards from the Mine Act of 1977. Massey Energy officials repeatedly pressured mine workers to lie in safety books shown to inspectors, while keeping copies of the real books that highlighted all of the flaws.

As we at the Wolfe Law Firm have repeatedly pointed out, mining is dangerous enough work without mine companies ignoring safety regulations. We applaud the federal government's effort to bring those responsible for the Upper Big Branch accident to justice, and hope that it leads other companies to be more conscientious about safety. Even though mines have been notably safer this past year, there have still been over a dozen deaths. In other words, there is always room for improvement.

Continue reading "Security Chief at Massey Energy Co. Convicted of Obstructing Investigation of Upper Big Branch Explosion" »

The U.S. Bureau of Labor Statistics released its preliminary report on workplace deaths in 2010. It found that 95 people were killed at West Virginia worksites, up from 54 in 2009.

In some ways, the leap sounds more problematic than it is. The 54 figure in 2009 represents the second-lowest amount of accidents on record, while the 95 figure is inflated by the explosion at Upper Big Branch mine, which killed 29 mine workers. Overall, the mining industry saw the highest number of deaths at 37. This was followed by construction industry deaths at 10. Of those killed, 94% were men, and 96% of the men were white, non-Latino males. Fire was the greatest cause of death, though that might also have been distorted by the Upper Big Branch mine accident.

While 95 deaths in 2010 is a high figure, it does not even come close to the number of workplace injuries, including serious injuries that leave a worker partially disabled. No one should have to fear coming to work every day. Yet while certain jobs carry natural dangers -- like coal mining, construction, and police and firefighting -- their dangers may be exacerbated by employers who ignore safety regulations in order to save money. Even a job not normally considered dangerous can be if your employer fails to keep the workplace reasonably safe.

If you are injured in a workplace accident, you have options for relief. If your employer has workers compensation insurance, you can receive fixed monthly payments for your injury until you (hopefully) recover. The bad news is that you have no choice but to accept workers compensation because the law does not allow you to elect a lawsuit instead. The good news is that you can receive payment regardless of fault, whereas you might not receive anything if you sue. In cases where your employer does not have workers compensation insurance, you could hire an experienced West Virginia personal injury lawyer and file a suit against the employer and/or a third-party manufacturer of any faulty equipment you used.

With your employer, you would argue that it had a duty to provide as safe a work environment as reasonably possible. Your employer breached that duty by failing to follow reasonable safety standards. The breach resulted in your injury and you suffered damage in the form of a broken leg, or damaged disc in your spinal column, or some other serious damage. Your argument against the third-party manufacturer would be similar, except that you would argue that the manufacturer created equipment that was either poorly designed or flawed on the assembly line, and the flaw caused your injury and bodily damage. One thing to watch out for: West Virginia has modified comparative negligence, which means that you cannot collect a monetary award unless you are less than 50% at fault.

Continue reading "Labor Statistics Show That 95 People Died in West Virginia Workplace Accidents in 2010" »

Sadly, despite recent data showing that coal mines have become safer since the Upper Big Branch disaster in 2010, mine workers still lose their lives in workplace accidents. This time, a 62-year old mine worker at Consol Energy's Shoemaker Mine in West Virginia lost his life after being struck by a trench digger.

Charles McIntire had been operating the trench digger moments beforehand at the Ohio River portal to the mine. He then stepped off of the machine and connected it to a power source. The machine came unexpectedly to life and ran over McIntire, amputating his leg. McIntire died late that evening -- the second in a Consol Energy Mine and the seventeenth death in a mining accident this year.

Federal and state mine safety officials met with Consol Energy employees to review the accident and safety procedures. Some emergency management officials cited Consol Energy employees' failure to call 911 when McIntire injured his leg. Instead, they called STAT Medevac and Tri-State EMS.

We at the Wolfe Law Firm always regret preventable deaths. Coal mining has a long, proud history in West Virginia, but it also has many dangers. It is best when mining companies do everything possible to avoid adding more dangers. Yet many of them do, taking shortcuts and ignoring safety procedures. Here, the cause is a little less clear: whether McIntire acted carelessly, or whether the equipment was simply unsafe.

If you or a loved one are injured in a coal mining accident, you have options. If your workplace has workers compensation insurance, you would receive fixed monthly payments while you recuperated from the injury. When the employer has workers compensation insurance, you have no choice but to accept it; you cannot elect to file a lawsuit instead. At the same time, one of the benefits is that you receive payment for your injuries regardless of who was at fault -- whereas you may not get any payment if you sue.

Continue reading "West Virginia Man Dies In a Coal Mine Accident at the Shoemaker Mine" »

For a change, some welcome news has come from the coal mining industry. Ever since the disaster at the Upper Big Branch mine in West Virginia that killed 29 people, coal mines have been growing safer. That had previously been the case for two decades, but the industry reached a troubling plateau in 2010. Then came the Upper Big Branch mine explosion, the deadliest in 40 years.

Yet so far in 2011, the data has been improving. Measured by hours of inspection time, there has been a 12% drop in the number of serious mining accidents during the first three quarters of the year. This came after the Mine Safety and Health Administration (MSHA) got involved, closing down some of the biggest offenders and shutting some mines temporarily until improvements could be made. Then there are efforts like those of the National Mining Association, which will be launching a program in which mining companies with poor safety records can collaborate with and learn from the companies with strong records. If the effort is successful, the number of accidents will continue to decrease. Of course, there is still work to do. As many as 14 people have died in coal mining accidents this year. Some people have noted that fewer violations does not mean that mining companies are obeying safety regulations. Phil Smith of the United Mine Workers for America noted: "There are still many mines out there which are not following the law and appear not to care to do so."

Coal mining has a long, proud history in West Virginia, as this recent article illustrates. It is definitely not a job for the faint hearted: spending most of the day in dark underground tunnels that can be as narrow as 42 inches. Coal mining companies should be doing everything possible to ensure they don't add to the danger. We at Wolfe Law Firm are pleased to see members of the industry taking safety measures more seriously.

If you or your loved one are injured in a coal mining accident, you might consider hiring a West Virginia personal injury attorney to get relief for medical expenses, lost wages, and pain and suffering. You can sue the employer directly for negligence if it does not carry workers compensation insurance. If your employer does carry workers compensation insurance, you must accept workers compensation payments in place of a lawsuit. Workers compensation provides fixed payments to take the place of your wages until you recover. It is provided when a worker is injured on the job regardless of whether the worker was at fault. You may still be able to sue for negligence if your injury were caused by a third party, such as the manufacturer of faulty equipment.

If your loved one died in a workplace accident, especially a coal mine, you could sue for wrongful death. You would argue that the employer was negligent for failing to follow safety regulations and the employer's violations resulted in your loved one's death. If you succeed, you could get a money award ("damages") just as you could if your loved one were injured. It would cover medical and funeral expenses, loss of earnings, and mental anguish. In West Virginia, you could also get punitive damages, but only if you could prove that the employer's actions were intentionally or grossly negligent.

The state fair has a long, cozy tradition. People go to the State Fair of West Virginia to camp out, see the livestock shows, and go on the rides. Staples of every state fair include the Ferris wheel, the merry-go-round, roller coasters, and more. While they seem innocent enough, looks can be deceiving. They are often hastily set up and may not follow accepted safety standards. This appears to be the case with a terrible accident that occurred at the State Fair on August 20th.

A ride operator, Adolpho Dominguez, is comatose after being hit by a gondola that was part of a ride known as The Speed. No one knows exactly why Dominguez chose to walk onto the platform while the ride was in progress, but Safety Inspector Thomas Jones recently concluded that the company (based in Gibsonton, Florida) that runs the rides needs to make changes in its safety procedures. He noted that there was no gate that could be locked to keep an operator off of the platform. Instead, The Speed was an older ride with controls on the platform itself -- something that newer rides don't allow. The company, Reithoffer Shows, Inc., is scrambling to put safety features in place that comply with the Occupational Safety and Health Administration (OSHA). OSHA regulations state: "When the operation of a machine or accidental contact injure the operator or others in the vicinity, the hazards must be eliminated or controlled."

Even if Reithoffer Shows, Inc. had provided more protection, there is a question of whether that would have been enough. A couple of fair goers who witnessed the accident thought that Dominguez was being inattentive. One thought he might have been going to watch the nearby fireworks, while another claimed that he was busy texting on his cell phone. Whatever the reason for Dominguez's injury, the Wolfe Law Firm wishes him a speedy recovery.

In difficult situations like this, an injured loved one has several options. If the company carries workers compensation insurance, your loved one would likely collect fixed workers compensation payments until he or she recovers. When companies carry workers compensation insurance, injured employees lose their right to sue for relief. If a company does not carry malpractice insurance, you may be able to hire a West Virginia personal injury attorney and sue for negligence. You could claim that the company had a duty to provide its employees with a safe environment, that it breached that duty, that the breach caused your loved one's injury, and as a result, he or she suffered damage. The problem you might face is whether, as in Dominguez's case, you contributed to the injury. West Virginia has modified comparative negligence, so if you are 50% or more at fault for the accident, you cannot recover a money award.

If your loved one's injury worsens to the point where he or she dies, you could sue the employer for wrongful death. The same steps apply as for when you sue for negligence, only now, you are suing to recover for loss of support and services in addition to medical expenses and other losses. It is important to find a skilled attorney who can explain all of your options for obtaining relief.

Two deputies at the Marshall County, West Virginia Sheriff's Department were injured when a gun that they were repairing accidentally went off. Both were rushed to the hospital. One deputy whose hand was wounded has been released, while the other remains at Wheeling Hospital, his condition listed as stable after being shot in the hip.

The accident occurred at one of the deputy's homes, shortly before they were to start their midnight shift. Both deputies were highly trained in firearm repair, and were the armorers for the Sheriff's Department. One had been cleaning the .45-caliber glock semi-automatic when a spring broke. When the deputies tried to fix it, the firearm was discharged. Sheriff John Gruzinskas said that the department would review the procedures taken to see if the deputies were following department protocol.

Gun accidents happen all too frequently across the country. As this situation shows, even people highly trained in firearm use are not immune. Which is why it is important to follow all safety protocols related to gun use, so that you are not one of the victims. However, if you or your loved one gets in an accident, and it is related to work, what are your options? Many workplaces carry workers compensation insurance, which provides fixed payments to employees who are injured on the job, taking the place of wages while the employee recovers. The good news for employees is that workers compensation can be provided regardless of fault -- so even if the two deputies did not follow all protocols, they could still collect workers compensation. The bad news is that it forces the employee to waive his or her right to sue the employer. Employees do not get to elect whether to accept workers compensation or hire a West Virginia personal injury attorney and sue in court; if an employer carries workers compensation insurance, the employee must automatically accept workers compensation. In some situations where the employee's conduct might be partially at fault -- such as if they ignored workplace protocols -- that might be preferable, since it would be harder to prove the employer's culpability in court.

In some cases, you might be able to file suit against a third party, such as the company that manufactured the gun. Maybe you could prove that it was a product liability issue: there was a dangerous defect in the gun that caused it to fire too easily despite a safety catch being on it. That defect led to your accident, and now you want to sue for damages, which will cover your wages, medical expenses, and pain and suffering. One thing you will want to watch out for is whether your culpability is as great, or greater, as the manufacturer's culpability. In West Virginia, if you are equally at fault or more, you cannot collect, even if the other party deserves half of the blame.

The Wolfe Law Firm has helped people who were involved in all manner of product liability accidents. We know how to find the evidence and the experts to help you present the strongest case possible. If you are injured in an accident, contact us to learn more about your options.

Six miners were injured when their cart jumped the tracks and derailed at the Tunnel Ridge Mine in Tridelphia, West Virginia. West Liberty's Volunteer Fire Chief called it the most severe mine accident he has handled since the mine opened. The mine is owned by Alliance Resource Partners of Tulsa, Oklahoma.

The miners were leaving the mine at the end of their shift, around 7 pm on July 30th. As the cart was coming down a hill and making a turn, it hit a wall. The miners were taken by ambulance to the Ohio Valley Medical Center for treatment. Though one suffered a broken ankle as a result, none of the miners sustained serious injuries. Five of the six miners have been released from the hospital, and the one that remains is listed as being in good condition. Alliance will conduct an investigation into the cause of the accident.

The Tunnel Ridge Mine opened in 2008, with the aim of mining 70.5 million tons of high-sulfur coal on 9,400 acres located in Ohio County in West Virginia and Washington County in Pennsylvania. Mining operations began in the second half of 2010. While Alliance Resource Partners does not have the reputation of Massey Energy Company for ignoring safety, its mines have been the scenes of previous accidents. In April 2010, two miners were killed when the roof collapsed at the Dotiki Mine in neighboring Kentucky. In October 2010, one miner was killed after being hit by a shuttle car at the River View Mine, also in Kentucky.

Fortunately, the accident involving the six miners at Tunnel Ridge did not have a tragic outcome. While coal mining is a vital industry in West Virginia, one that many families have proudly taken part in generation after generation, it is also filled with risks. It is important for safety hazards to be minimized whenever possible. We at the Wolfe Law Firm hope that Alliance Resource Partners conducts a thorough investigation and makes any necessary safety upgrades as quickly as possible.

Continue reading "Six Miners Injured When Cart Derailed at Tunnel Ridge Mine, West Virginia" »

Roadway construction is a common sight: orange barrels and construction workers along the side of the road. People usually associate it with slow traffic and endless delays. However, too often people drive cars too quickly or carelessly past construction zones, with deadly consequences. A recent article looks at problems with work zone safety on West Virginia and Ohio roadways.

The West Virginia Department of Transportation reported 356 work zone fatalities in 2009, compared to 1,021 fatalities in Ohio that same year. The top three reasons given were that drivers made unsafe lane changes, they followed too closely, or they failed to control their vehicle. Many of these accidents happened on rural two-lane roadways in Appalachian Ohio and West Virginia, where drivers get distracted by the beautiful views. The West Virginia Department of Transportation has launched a media campaign to promote work site safety until construction season is over. The Ohio Department of Transportation has started requiring its construction workers to use high-intensity flashing lights and reflective tape on all equipment in the work zones.

West Virginia is fortunate to have many magnificent sites, especially the Appalachian Mountains. It is tempting to want to take a drive and just breathe it all in. However, as drivers, we have a great responsibility to those around us to pay attention to the road and its immediate surroundings. Because so many people don't, roadside construction work is seen as highly risky employment. If you or a loved one work as a roadside construction worker and have suffered a serious injury in an accident, you need to find a West Virginia car accident attorney. An experienced attorney would gather evidence from investigators at the scene of the accident and interview witnesses. An attorney would help you file a negligence or wrongful death suit against the driver who caused the accident.

Your attorney would work to find the truth of the situation: whether the driver acted carelessly, or whether the driver's behavior was understandable in light of the situation (for example, if a car veered in front of him and he pulled to the side to avoid hitting the car). Once your case goes before the jury, your attorney would make the best argument possible that you deserved compensation for your suffering. Even if it turns out that your behavior partially contributed to the accident -- such as if you briefly went beyond the orange barrels -- you can still get relief. West Virginia operates under the modified comparative negligence system, where the injured party can get relief if he or she is less than 50% at fault for the accident. If your fault is at 50% or above, however, you cannot recover. You or your loved one may also be able to obtain workers compensation from your employer since the injury occurred on the job.

We at the Wolfe Law Firm have helped countless people in car accidents get money awards for their medical expenses and lost wages. We welcome any attempt by the West Virginia Department of Transportation to put a stop to tragic roadside accidents. Those who fix our roads perform a vital service by making travel safer for all of us. We should return the favor by ensuring that roadside construction work sites are well protected.

Recently in neighboring Kentucky, a coal mine worker was killed in a mine formerly owned by Massey Energy Company. The 26-year old man, Ryan Thatcher, died from injuries suffered while hauling supplies on a rail locomotive through the Voyager No. 7 mine. The cause of the fatal injuries was reported to be an overcast beam from the mine's roof. Mr. Thatcher had worked at the mine for two-and-a-half years, and as a mine worker for six years total.

Massey Energy Company once owned mines in Kentucky, Virginia, and West Virginia. Before being purchased by Alpha Natural Resources earlier this year, it was in the news quite a bit for its record of safety violations and worker fatalities. The most recent was the Upper Big Branch mine explosion on April 5, 2010 in Raleigh County, West Virginia. The deadliest accident in 40 years, it claimed the lives of 29 miners. The explosion occurred after high methane levels were reported in the mine, though some believe that the cause may have been a large amount of coal dust. A later investigation revealed that Massey Energy had repeatedly failed to meet safety standards from the Mine Act of 1977. On June 29, 2011, the Mine Safety and Health Administration reported that Massey Energy pressured mine workers to lie in safety books that were shown to inspectors. Massey Energy kept a second set of books that detailed the actual safety hazards.

Coal mining is one of West Virginia's oldest traditions. West Virginia produces more than 158,000 tons of coal each year, second only to Wyoming. Generations of families have worked in the coal mines. It is hard work and has natural dangers associated with it, which is why it is essential for coal mining companies to ensure that no unnecessary risks are taken with mine safety.

We at the Wolfe Law Firm give our condolences to the young mine worker who died in the Kentucky mine, and hope that Alpha Natural Resources seizes the opportunity to inspect all of its mines, including in West Virginia, to ensure that they comply with safety standards. Even so, Alpha Natural Resources is just one mine owner. It is unknown to what extent other companies comply with mine safety laws.

If your loved one was injured or killed in a coal mining accident, you should find a West Virginia personal injury attorney to help obtain relief. If your loved one was injured and the employer has workers compensation insurance, he or she should be entitled to receive payments for his injury. Workers compensation is granted on a no-fault basis, so that the issue of negligence does not come into play. Those who receive workers compensation give up their right to sue for the injury. Most companies are required by law to carry workers compensation insurance.

Continue reading "Fatal Injury in Kentucky Mine Formerly Owned by Massey Energy Company" »

The U.S. Chemical Safety Board has found that a "series of safety shortcomings" caused three serious accidents at a DuPont chemical plant in Belle, West Virginia in 2010. The CSB draft report noted that the plant had, among other things, failed to maintain the integrity of a critical phosgene hose. The result was that the three accidents occurred within 33 hours, beginning on January 22, 2010. The first accident involved 2,000 pounds of flammable methyl chloride gas, which workers discovered had been leaking into the atmosphere for five days. The second involved a leak in a pipe that resulted in a fume cloud of sulfur trioxide. Finally, the third accident released phosgene into the air. During World War I, phosgene was used as a chemical weapon. The worker who was exposed to the phosgene at DuPont died the next day.

CSB investigators found that the pipe carrying phosgene had been in operation for seven months, when it should have been changed once a month. DuPont had been aware as early as 1987 of the dangers of using braided stainless steel hoses lined with Teflon. An expert recommended lining the hoses with Monel instead, which would be more resistant to corrosion. Monel was never used. Recommendations in 1988 for an enclosure around the piping were also never followed.

The CSB recommended several safety improvements for the plant. One was to enclose all phosgene production so that if any leaked, it would be contained. Another was to revise the company's near-miss reporting and investigation policy to encourage anonymous participation by all employees, so even small incidents would be reported. The CSB also pressed for the Compressed Gas Association (CGA) and the American Chemistry Council (ACC) to adopt tighter standards for safe handling of phosgene and other toxic gases.

Situations like the 2010 accidents create a nightmare for the injured party's family. A preventable accident could result in wrongful death of a loved one or serious disability. The injured worker might never be able to work again, and require constant treatment for pain and suffering. That is when families typically turn to a West Virginia personal injury attorney and file a lawsuit in court. If the family files a wrongful death lawsuit, they would need to show that negligence or intent was the cause of death, and that the family has suffered monetary injury as a result. Awards for wrongful death are generally monetary damages based on the loss of support and services, possible medical expenses, and other factors. The jury takes each of these factors into consideration when deciding the award. West Virginia also permits an award of punitive damages if the company's behavior was intentional or grossly negligent.

If the worker is alive, but injured, the family might file a negligence suit, claiming that the company's negligence resulted in injury to the worker. In both cases, the family would need to show that the company had a duty of care to the worker; that through its failure to use reasonable care, the company breached that duty; that the breach resulted in the worker's injury or death; and that the worker and family have suffered as a result. Many companies carry workers compensation insurance in order to avoid worker injury lawsuits. Workers compensation acts as an "exclusive remedy," awarding workers a fixed monetary amount and taking away the worker's right to sue -- unless a third party was also involved in the injury. In any event, the options for holding a company accountable can be very complicated, and it is important to make the right decisions. The Wolfe Law Firm can help families of injured workers get what they deserve.

Work-related injuries are a common occurrence, and such cases can present complex fact patterns and legal issues. Because of these complexities and the ever evolving contours of personal injury law, a West Virginia injury attorney must keep abreast of changes in the field. This is why we here at the Wolfe Law Firm are constantly researching the latest decisions on personal injury cases that are rendered by the courts here in West Virginia. Our attorneys found one such case decided earlier this year, and wanted to share it with our readers.

Stevenson v. Independence Coal Company, Inc. is a case that pits a West Virginia coal miner against the operator of a large underground mine in Boone County for injuries he sustained while on the job. In order for workers to get down to the active area of the mine, they must take a rail-mounted vehicle down underground. Plaintiff Stevenson worked as a beltman on the conveyor belt system used to transport material out of the mine that was located in a remote portion of the facility, and was injured when the rail car he was riding in malfunctioned. Before embarking on his journey towards his work site, Plaintiff performed a pre-operation check of the vehicle, and inspected its hydraulic, emergency/parking, and regenerative brakes to ensure that they were in good working order. This inspection revealed no issues with any of the three braking systems, and he disembarked with three other workers as passengers.

Shortly after leaving, the rail car began rattling noticeably, and all four men could smell heat coming from the vehicle. Plaintiff stopped the car, where an inspection revealed some loose bolts holding a service brake assembly mount, so Plaintiff drove the cart onto an adjoining spur of track (to get it off of the main rail track) where he and one of the passengers tightened the bolts, then continued the journey. The car safely made it to the three passengers' workstation, where Plaintiff dropped them off and continued into the mine towards his own workstation. However, the rail car malfunctioned again in the same manner as before, so Plaintiff stopped the vehicle on the main track and radioed dispatch requesting that a mechanic or electrician be sent out to assist him in fixing the cart. Dispatch informed Plaintiff it would be "quite a while" before help would arrive, so Plaintiff performed another check of the cart and found that the same bolts as before were loose again. While attempting to tighten the bolts again, Plaintiff's arm got crushed between the brake assembly and the frame of the cart, causing permanent damage to his arm.

After this injury, Plaintiff sued Defendant Independence Coal under a theory of negligence, claiming that Defendant failed to ensure the cart was maintained in a reasonably safe stated of repair, and that failure caused his injuries. The case proceeded to trial, where a jury found Defendant was 100 percent negligent and awarded Plaintiff almost $2 million in damages. Following trial, Defendant timely moved for a new trial, and renewed prior filed motions requesting judgment as a matter of law. Defendant based these motions on the fact that the causal chain was broken when Plaintiff failed to wait for a mechanic to come help him fix the malfunctioning cart. The circuit court denied Defendant's motions, holding that the questions of negligence and proximate cause were under the purview of the jury, and that the verdict was supported by testimony that Defendant did not have enough qualified personnel on staff to keep the carts functional. Defendant then appealed the circuit court's decision.

The Supreme Court of Appeals analyzed the issue of proximate cause in the case, and reviewed the evidence in the light most favorable to the Plaintiffs, as required by West Virginia laws. In doing so, the court found that the carts routinely had brake problems, and that due to a shortage of electricians and mechanics on staff, regular mine workers routinely worked on the brake systems. The court also noted that the circuit court correctly held that the proximate cause question involved disputed material facts and should therefore only be answered by the jury. In so holding, the Court denied the motions for judgment as a matter of law, and affirmed the circuit court's ruling.

According to a report by WSAZ, a thirty-seven year old man was killed in an accident that occurred at the Guyan Surface Mine -- that is operated by Apogee Coal, a Patriot Coal subsidiary -- in Logan County, West Virginia this past week. While the man was working on heavy equipment around the mine, he was struck by a piece of machinery at some point. The exact nature of his injuries was not disclosed, but the accident was severe enough to cause wounds that led to his death. Emergency crews from the Buffalo Creek Fire Department and Logan County EMS were called and responded to the accident, but they were unable to save the miner's life. Federal mining inspectors are conducting an investigation into the cause of the accident, and their review of the circumstances that caused the man's death is ongoing. This was the second coal-mining related fatality in the state of West Virginia in 2011.

Coal mining has always been a boon to West Virginia's economy, but WSAZ's story is an all-too-familiar one for many West Virginia families. Mining has become a much safer endeavor than it once was, because safety regulations, equipment, and safety training methods have improved, but such precautions cannot account for every hazard on the job site. Unfortunately, human error will always persist and machine malfunctions or defective equipment failures can neither be predicted nor prevented. That is why, if you or a loved one has been injured or killed in a workplace accident, it is imperative that you speak with a West Virginia wrongful death attorney as soon as possible to determine if a valid legal claim exists. The longer you wait to speak with an attorney, the more difficult it will be for your attorney to gather the evidence needed to accurately evaluate your case and construct the strongest legal arguments possible.

In this case, a coworker may have caused the fatal accident due to his or her negligence, or a piece of machinery may have had a manufacturing defect that caused the man's death. In any event, the decedent's family may be able to bring a lawsuit against any other workers who had a hand in causing the accident, the company who owns and operates the mining operation, and possibly even the manufacturer of the equipment that ended the man's life. Apportioning fault in wrongful death lawsuits is a complicated and difficult task. However, an experienced attorney can help sift through the evidence and determine how best to proceed so that you can be compensated for the loss of your loved one.

When the unthinkable happens and a loved one passes away, the emotional and financial toll on those who survive the decedent are huge. By retaining the services of a trained legal representative, you give yourself a way to help alleviate those financial stresses that the loss of that person's income creates. Every situation is different, but an attorney can evaluate the circumstances that contributed to that person's death and determine if you have a valid legal claim. Should such a claim exist, your attorney can help you recover damages and reduce your financial hardship.

The Associated Press reports that a steam valve failed at the ArcelorMittal tin mill in Weirton, West Virginia on Friday. After the malfunction, four workers were injured in the ensuing discharge, and one worker was injured seriously enough to be taken to a hospital in Pittsburgh over thirty miles away. One victim was taken to a local hospital, then released, and the remaining two were treated on site at the mill. The cause of the accident is still unknown, but is being investigated both by ArcelorMittal and United Steelworkers Local 2911 union.

West Virginians are some of the hardest working people in our great nation, and our citizens have long been accustomed to the dangers posed by working in tin mills. The tin industry has served as crucial element of our nations growth, and its importance to both the United States and West Virginian economies remains to this day. Accidents like the one that occurred in Weirton are an unfortunate byproduct of the monetary benefits brought by the presence of metal foundaries in our great state. When such accidents occur, the victims may have workers compensation, personal injury, or wrongful death claims. Consulting with a West Virginia personal injury attorney in the wake of such incidents gives you the ability to sift through the circumstances of the accident and discover the best course of action to ensure that your rights are protected.