Our experienced work injury lawyers are prepared to help you get the compensation you deserve.
— Laurence Banville
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Many outsiders may not realize it, but New York has one of the largest mining industries in the state. While we may not mine coal, New York miners work to excavate a variety of minerals and materials, including:
Construction sand and gravel
These miners are exposed to a wide range of occupational hazards which often lead to serious work-related injuries and illnesses.
Like virtually all other New York employees, miners are entitled to workers’ compensation coverage in case of a work-related injury. However, the insurance system is much more complicated than many workers realize. Employers may dispute claims to keep their premiums low, and insurance companies want to limit payouts as much as they can.
It’s often necessary to have an experienced work injury lawyer in order to receive your benefits in a timely manner. At Banville Law, our work injury specialists know how these claims work. We have the respect of the insurance companies. And we’re prepared to help you get the financial assistance you need while recovering from a work injury.
What Kind Of Mining Injuries Qualify For Workers’ Comp?
Any injury or illness related to your work duties qualifies for workers’ compensation. This includes accidental injuries in addition to occupational illnesses and injuries which slowly develop over time. Mining is dangerous work, and these brave employees willingly face hazardous conditions every day.
Common mining hazards include:
Cave-ins and collapses
Respiratory diseases from inhaling toxins, dust, and particles
Additionally, the physical nature of mining work can be a hazard in and of itself. Miners must frequently work from uncomfortable and unnatural positions for long periods of time and frequently repeat the same motions, which can cause wear-and-tear over time. Injuries which slowly develop due to your working conditions are eligible for the same benefits as accidental injuries and occupational illnesses.
What Does Workers’ Comp Provide?
Workers’ compensation provides financial assistance for all expenses related to your injuries, including:
Approximately 2/3 of your lost wages
Reduced earning compensation for partial disabilities
Lump sum compensation for extremity injuries (e.g. arms, legs, hands, feet) or scarring and disfigurement
Death benefits for surviving families of fatal work injury victims
If you’ve recently been injured at work, make sure you report the injury to your employer and receive medical attention as soon as possible. Additionally, it would be useful to consult with an experienced work injury lawyer early in the process.
What If I’m Permanently Disabled?
If your injury is severe enough to permanently prevent you from working again, you may be eligible for Social Security disability benefits. In some situations, you may be eligible to collect both workers’ compensation and SSDI at the same time. However, your total payments cannot exceed 80% of your previous income.
Do Injured Miners Need Lawyers?
In order to recover the full compensation you’re entitled to, it’s usually necessary to have an experienced work injury lawyer. This useful both for getting you through the workers’ comp claims process and also for discovering other means for financial compensation, such as SSDI.
If your injury was caused by a third party (i.e. anyone other than a coworker or your employer), you may also have grounds for a personal injury lawsuit. For example, if a piece of defective safety equipment caused you to fall and seriously injure yourself, you could potentially sue the equipment manufacturer
Mining injuries are often extremely serious and require a long and painful healing process. In order to make sure you recover as fully as possible, it’s important to make sure you recover the compensation you deserve. At Banville Law, our experienced lawyers are proud to fight for the rights of injured miners.