A West Virginia woman has recently filed a wrongful death claim against the mine where her husband worked, claiming that the coal company is responsible for her husband's fatal accident. According to the claim, dangerous equipment led to the fatal accident in the mine. The suits alleges that certain machinery was modified, presumably making it dangerous for workers.
The man died as he was working the night shift at Pocahontas Mine. The victim and another worker were doing maintenance work, with the man who subsequently died walking along on foot. As the other worker was maneuvering the scoop, it fell and pinned his work partner in between two machines. The man later died at the hospital.
Upon a closer investigation, it was found that certain modifications had been made to the machinery, making it more dangerous for workers. The modifications supposedly limited the operator's ability to see clearly from within the scoop. This particular mine was also host to another incident several years ago causing the death of another West Virginia miner. Modifying equipment in this manner is claimed to violate mine safety protocols and standards.
Workers' compensation is generally granted to cover expenses related to an on-the-job injury or death. However, such as in this case, evidence gross negligence in the workplace could be grounds for further legal action.Just as the widow of the deceased is seeking compensatory damages, the family of a killed worker or an injured victim may also have the right to take legal action. A careful evaluation of the situation can assess the underlying facts and circumstances and reveal the best way to move forward after a fatal accident.
Source: wvrecord.com, "Widow blames mine for husband's death", Annie Cosby, Nov. 20, 2014