Corpus Christi Mining Accident Attorneys

Personalized Representation for Clients in Nueces County & the Nearby Areas

Over the last century, mining accidents in the United States have decreased by an incredible amount. Though mining is still a dangerous line of work and mining accidents can still happen, these types of accidents happen at a much lower frequency than in the past.

According to the Mine Safety and Health Administration, 2014 had the fewest number of coal miner fatalities ever recorded, and there were only 41 total mine fatalities. This is much lower than the 71 fatalities recorded in 2010. In addition, the injury rate is now under 2.5 injuries per 200,000 work hours, and the fatal injury rate is .01 fatal injuries per 200,000 work hours.

Still, despite the increasing safety in mining, work accidents still happen, and fatalities still happen every year. If you were injured or your loved one was killed in a mining accident, you may be entitled to financial compensation for your unexpected financial costs, as well as your pain and suffering.

Assisting You with Workers’ Compensation

If you were injured at the workplace, the first thing you will want to do is report the injury to your employer. If you do not report the injury in the first 30 days, you will lose your rights to workers’ compensation. Some mining injuries are gradual and progressive, such as respiratory problems. For these types of injuries, you must report them to your employer as soon as you realize they are work-related. If you wait more than 30 days, you will also lose your rights to workers’ compensation.

Our mining accident attorneys can help you throughout this entire process and make sure you are following the right steps to get compensation. After informing your employer, you will want to seek medical attention and begin filing your claim. These medical records may help you when filing your claim.

How Our Firm Can Help

You will file your Employee’s Claim for Compensation for a Work-Related Injury or Occupation Disease, or DWC Form-041 with the Texas Department of Insurance, Division of Workers’ Compensation. At Bandas Law Firm, P.C., our Corpus Christi mining accident attorneys can help you make sure you are filling out the form correctly.

After submitting your form, your attorney will help you in case there are any complications in the process. For example, if your claim for compensation is denied, your attorney can help appeal the decision and find out why it was not approved.

Appealing to Receive Compensation for Lost Wages

Once having your workers’ compensation approved, you will receive compensation for medical expenses, as well as a portion of your lost wages. There are many types of lost wage benefits available in Texas, including temporary income benefits, impairment income benefits, supplemental income benefits, and lifetime income benefits. If you believe you are not receiving the correct type of benefits, your attorney can help you evaluate the situation.

In addition, your income benefits will be calculated based on your average weekly wages; however, sometimes these benefits are calculated incorrectly or unfairly. If you believe you are not receiving a correct amount for lost wages, your attorney can appeal the decision and get the problem fixed for you.

Employee Protections under Workers’ Compensation Laws

At any point in the process of becoming injured, reporting it to your company, and receiving benefits, you cannot be fired for applying for workers’ compensation. If you believe you were wrongfully terminated because you filed for workers’ compensation or sustained on-the-job injuries, an attorney can help you pursue a lawsuit.