Working in a mine almost always involves a bit of risk. However, not all mining accidents are the works of your fate. In most cases, a negligent violation of the mine safety rules by the owner/operator is the cause of the accident. You need to file a claim for damage recovery if this is the case.
How do you know whether an injury, or death, of a miner is due to the owner/operator’s negligence? Without knowledge of the laws, it is difficult for a miner, or his family, to know whether the injuries/death was due to negligence. You need a competent mining accident attorney for consultation immediately.
As per the legal directives of the Mine Safety and Health Act (1977), the Mine Safety and Health Administration, operating under the US Labor Department, impose civil penalties for any violation of the regulations throughout the US. The subsequent Miner Act (2006) determines the penalties on mine operators for violations.
How do these laws affect your case? If the mine operator you are filing a claim against has a record of violations of the laws, it becomes easier to establish negligence. Experienced Wyoming mining accident attorneys know how to utilize the violation of the legal directives to prove negligence.
Apart from proficiency in the complex web of laws, these attorneys also have the resources to conduct thorough investigation of the accident. Mining accidents may occur due to various reasons – lack of provisions in case of emergencies, faulty communication system, and so on. This is essential to accumulate evidence to support your claim.
The mining accident attorney also needs to get the ‘expert’ witnesses you need to establish your losses. While a medical practitioner can measure the medical costs (future, present and past), a vocational expert is necessary to know the way the accident affected your working, and therefore, earning capabilities.
It becomes possible to recover damages if you do the right things at the right time –
- Seek medical attention for any injuries you suffer
- Keep all relevant records of the accident
- Consult an attorney to know whether you have a claim
If the attorney thinks that you have a case, and the mine owner/operator was negligent, he/she would be able to file the lawsuit within the statute of limitations as applicable. He/she would also be able to investigate the case, calculate liability and damages, and handler the rest of the legal proceeding for you.