Were you injured in a Mining Accident?
Texas Mining Accidents
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.
Mining Accident Attorneys Can Help 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.
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 Mining Accident Attorneys 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. 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, an 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.
Protection Under Workers’ Compensation
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 of workers’ compensation or injuries, mining accident attorneys can help you pursue a lawsuit. Throughout the process, our attorneys at Bandas Law Firm can help protect your rights as a mining worker.
Bandas Law Firm is a leading personal injury law firm in Corpus Christi, Texas that serves all of South Texas. Our law firm specializes in practice areas such as car accidents, truck accidents, oil field accidents and railroad cancer lawsuits. To schedule a consultation with one of our practicing attorneys, please give us a call at (361) 222-2222 or complete our inquiry contact form.