Salem, VA Workers’ Compensation Lawyer for Coal Miners

As all coal miners know, coal mining is dangerous, and involves working in confined spaces among hazardous conditions.   As a result, serious and even catastrophic injuries are not uncommon, and, tragically, even death can result.  Sadly, in many situations, injury and death could have been prevented by an employer taking the proper safety precautions.

As a Virginia workers’ compensation lawyer for coal miners and their families, attorney Mark Hurt and our firm are proud to represent injured coal miners, and to tenaciously advocate for families who have lost loved ones in fatal coal mine accidents.  If you were injured in a coal mining accident, we invite you to call to schedule a free consultation so that you can learn about the compensation and medical treatment that you are entitled to under Virginia law.

How Much Does a Virginia Workers’ Compensation Lawyer Charge?

Workers’ Comp Lawyer for Coal Miners

Our fee is regulated under Virginia workers’ compensation statutes.  There is no fee due up-front, as we only receive a fee if compensation is recovered.

Generally, our fee for workers’ compensation matters is limited to 20% of the “back wage benefits”, and there are certain caps that also apply.[1]  We are not entitled to any portion of future wages that are not yet due.  When we meet with you, we can explain how fees are calculated.

What Types of Coal Mining Accident Cases Do You Handle?

Most coal mining injuries are severe, and often involve orthopedic, traumatic brain, or spinal cord injuries, as well as amputations.  In the most serious of cases, accidents can result in fatalities.  At The Law Offices of Mark T. Hurt, we handle all types of coal mining injuries, including claims involving:

  • Defective or Malfunctioning Work Equipment
  • Elevator and Coal Stockpile Collapses
  • Inadequate Lighting
  • Lack of Adequate Safety Equipment
  • Explosions
  • Poor Air Quality
  • Toxic Chemical and Substance Exposure
  • Roof Collapse
  • Longwall Shield Collapse
  • Electrical Injuries and Death
  • Pneumoconiosis (Black Lung Disease)
  • Other Occupational Diseases
  • Wrongful Death

We understand the incredible and long-lasting impacts that mining disasters can have on employees and their loved ones.  Many families and injured miners are still dealing with ramifications caused by the Upper Branch, Sago Mine, and Aracoma Alma Mine disasters, along with others.  If you or a loved one was involved in a mine accident, Attorney Mark Hurt can work tirelessly in seeking to ensure that your rights are upheld, and for the compensation you and your family rightfully deserve, as well as the full medical treatment to which you are entitled.

How Do I File for Workers’ Compensation Benefits?

Virginia has strict notice requirements for workers’ compensation claims.  Coal miners must give written notice to their employers within sixty days, or potentially compromise the chances of securing workers’ compensation benefits.

Normally, the first step after an injury has occurred is to notify the human resources department of the injury, and to request the appropriate documentation that needs to be completed about the nature of the accident or injury.  An injured coal miner should complete this information as soon as possible (taking into account the nature of the injury and the severity of the harm).  If a worker is unable to complete the form because of the severity of the injury, we can complete the form on behalf of the injured worker, or otherwise can ensure that the company is properly notified of the injury.

Can I Be Fired for Filing a Workers’ Compensation Claim?

No – it is illegal to fire a worker for filing a workers’ compensation claim.  If a company fires a worker or otherwise engages in any form of retaliatory action, a worker will have a separate cause of action against the company for a wrongful work practice.  We also are available to represent workers in these cases.

Filing Claims for Black Lung Disease

Despite being known about for decades, coal miners continue to get black lung disease.  A recent 2018 article by The Guardian highlights the continuing dangers of the disease, and notes that even after Congress passed the Federal Coal Mine Health and Safety Act in 1969, approximately 76,000 coal miners died from black lung disease between 1968 and 2014.[2]

For miners suffering from black lung disease, there are strict time limits (known as statutes of limitations) for filing a claim.  Under Virginia law,[3] coal miners must file a claim within three years after diagnosis of the disease or five years from the date of the last injurious exposure, whichever first occurs.

Because workers’ compensation and black lung claims are time-sensitive, it is crucial to start the process as quickly as possible.  If you were injured in a mining accident but are unsure how to proceed, call our office to schedule a free case evaluation.  Our experienced workers’ compensation team can evaluate your case, explain your legal options, and help you timely file all appropriate paperwork (if a valid claim exists).

Can I Sue My Employer for My Coal Mining Injury?

Employers are generally immune from civil lawsuits involving injured employees.  As a result, in most cases, the only cause of action against an employer for a work-related injury is through the workers’ compensation process.

However, in cases of extreme recklessness, a cause of action may be possible against an employer, such as if a company deliberately disregards safety standards and regulations, so that workers are placed at unreasonable risk of harm.  If this is the case, then an employee may be able to file in Virginia what is known as a “deliberate intent” claim.

Can I File a Lawsuit Against a Third Party for Injury?

In some cases, coal mining injury and death may be caused in whole or part by a third party.  A third party can include a landowner, a negligent contractor, the manufacturer of defective equipment, or someone else other than the employer.

When we are retained for a worker’s compensation case, one of our responsibilities is to determine whether other parties may bear legal liability.  If we find that a company or person other than the employer or another employee is likely at fault, we can file a lawsuit against such other person or company.  It’s important for injured workers to know that the damages in these lawsuits is not limited by the workers’ compensation statutes.

Getting Full Medical Treatment

In addition to receiving compensation, injured coal miners are also eligible to receive medical treatment under the workers’ compensation statutes.  Often disagreements arise concerning the medical treatment required under these statutes, as the workers’ compensation insurance companies often try to discontinue treatment prematurely to save costs.

When medical treatment issues arise, we are tenacious in fighting for the full medical treatment required.  We know what is at stake, and we demand that insurance companies pay for the treatment that is rightfully owed.

Our Experience and Representation

At The Law Offices of Mark T. Hurt, we have a successful track record in helping injured workers and have an in-depth understanding of the complexities of the laws and regulations governing coal mining accidents and deliberate intent claims.

Firm founding attorney Mark Hurt has represented clients at all levels of the Virginia state and federal court system over the course of more than thirty years of practicing law.  He also is one of less than 1% of all attorneys who have represented clients before The Supreme Court of the United States.

Regardless of whether your claim may involve Falcon Coal, Massey Energy, Patriot Coal, CONSOL Energy, Marion County Coal Company, Harrison County Coal Company, or another mining company, Mark will work tirelessly in seeking full and fair compensation and medical treatment for you if our firm is retained.

Contact Our Firm Today for a Free Consultation

Calling our firm and scheduling a free consultation costs nothing.  Get the answers to your questions or concerns – contact our office at 276-623-0808 (day or night) to schedule a consultation.  As we represent injured workers in a workers’ compensation cases on a contingency-fee basis, there is no fee for our services unless compensation is obtained.


[1] There is a different calculation if no back wages are yet due.

[2] https://www.theguardian.com/us-news/2018/dec/13/dr-dust-the-man-who-discovered-a-hidden-black-lung-epidemic

[3] VA. Code § 65.2-406(a)(1).

What Our Clients Say

A very professional team who understands the stress of being in an accident. Our paralegal, Courtney Cormier, made us always feel as if things were being taken care of and it was nice to be worry free.
Kristina Murray
Kristina Murray
18:29 03 Mar 21
Diana Phipps
Diana Phipps
13:46 03 Mar 21
After my car accident, Mr. Hurt and his team worked very diligently to get me a fair settlement. Courtney Cormier, a paralegal on the team, was an invaluable asset to me. She always kept me informed of everything that was happening. I couldn't have had a better experience.
Caleb & Kristina Murray
Caleb & Kristina Murray
21:54 22 Feb 21
I could not be more pleased with the service I received. He is a wonderful lawyer and he gets the job done.
Country living woman Mountains
Country living woman Mountains
05:52 22 Dec 20
This law firm has great people skills and are very professional and efficient I would definitely recommend anyone to this law firm.
Lucas Green
Lucas Green
18:06 06 Dec 20
Courtney done a very good job with my case at the abingdon va office very quick and efficient great job highly reccomended my auto accident was in may and alreadh we have settled for maximum amount thanks so much
James Smith
James Smith
06:57 05 Dec 20
I contacted the law offices of Mark T. Hurt regarding a traffic ticket I received. Initially I was concerned because I live between Florida and New York, and with Virginia being midway, handling my ticket would be a major inconvenience, and I wanted to keep my record free of any infractions.Choosing Mark T. Hurt to represent me was the best choice I made, and it was further improved with the assistance of Rhonda, who contacted me once they received my request. Rhonda is one of those unique people who has mastered the fine line between being perfectly professional and friendly. Every conversation we had, was made to feel as if I were speaking to a close friend. One of the most appreciated aspects of working with her was her understanding and respectful of my schedule and time.For my work, I have a hectic schedule and very few free moments, so being able to handle things quickly and effectively is a priority for me, and Rhonda understood that and took care of everything as if she knew exactly what I was expecting. I even got sick while working with Rhonda, and her first comment was to wish me well. She also went out of her way to find solutions regarding my traffic citation that worked around my schedule. The price was fair, and when considering the quality of work and more importantly, the quality of people you will be reliant upon to ensure the best possible outcome for whatever your situation is, they can ask for 10x more than what I paid and it would still be worth it.All in all, recommendation for this law office, and for Rhonda herself, could not be higher. If you are searching for someone to represent you in any legal matter whatsoever, this is the office to work with. Thank you again Rhonda.
Al Fortunatti
Al Fortunatti
00:47 07 Nov 20
My lawyer Courtney in charge of my case was very professional, and very responsive to my personal injury and auto claim. She had it settled in a timely manner very polite and I would recommend this office to anyone.
Samantha Mays
Samantha Mays
21:28 06 Nov 20
I would highly recommend this law firm! Courtney helped me with my personal injury case, she answered all my questions and was always responsive throughout the entire process.She advocated for me efficiently and strived for the best possible outcome.
SCTC-Kimberly Dickey
SCTC-Kimberly Dickey
17:16 27 Oct 20
I'm not a Virgina resident and had found this firm through Google. I have a traffic violation case in tennessee and was desperate to get awnsers. This law office's staff was so helpful even though I wasn't able to even be a client, I believe the person who awnsered was Ashley. After their direction on finding another attorney and my case I was able to push my court date back and will be able to find someone to represent me.I'm not even a client, they didn't have to help me at all! I just wish they practiced in the tri cities area! Would recommend this group!
Benjamin Smith
Benjamin Smith
18:34 22 Oct 20
I contacted the affordable Law Offices of Mark T Hunt regarding a ticket I received. They requested certain documents from me, went to court on my behalf and got the ticket dismissed! The entire process was easy, fast and efficient. When I emailed or texted them their response time was impeccable!I would HIGHLY recommend them if you are looking for a professional attorney!
Davina Waller
Davina Waller
16:41 22 Oct 20
Under the circumstances that I had to have an encounter with Mr. Hurt, if I needed another team to represent me, I wouldn't hesitate for a second. The sheer communication that I had with Ashley was phenomenal. I was informed every step of the way. I was directed to each step of the process. I thoroughly enjoyed working with this law firm and would HIGHLY reccomend them. They were able to have my ticket completely dropped with no points added. Thank you all so much for all your hard work you did for me.
Chris Sanders
Chris Sanders
16:56 21 Oct 20
Mark and his team were very professional and courteous. They done a excellent job with my traffic ticket. I would highly recommend them.
Shannon Hanes
Shannon Hanes
16:26 21 Oct 20
My son got a speeding ticket in Virginia going back to school in Alabama. We contacted Mark Hurts office and they were very responsive and handled the entire situation for us.
Mary Ellen Fennell
Mary Ellen Fennell
22:54 20 Oct 20
The Law Offices of Mark Hurt made the process of dismissing my ticket so effortless! They were told me all the steps I needed to take to make Mr. Hurt’s job easier, and he was able to dismiss my ticket! I’m so thankful I used Mark Hurt to represent me in court. I would highly recommend him to anyone I know.
Cristina Marie
Cristina Marie
16:33 15 Oct 20
Friendly. Efficient. Professional.I’m thankful!
Moody Witoutcoffee
Moody Witoutcoffee
03:56 09 Oct 20
Rafael Oliveira
Rafael Oliveira
11:13 06 Oct 20
Cleber Bandi
Cleber Bandi
00:06 06 Oct 20
Lindaura Williams
Lindaura Williams
23:47 05 Oct 20
Flavia Oliver
Flavia Oliver
14:48 05 Oct 20
T. O.
T. O.
19:55 03 Oct 20
anita R Oliveira
anita R Oliveira
15:25 03 Oct 20
I highly recommend anyone to choose The Law Offices of Mark T. Hurt for their issues! They were extremely nice, helpful, and professional, especially Courtney! Every question and concern was always answered. I am thankful for all their help!!
Brittany Gobble
Brittany Gobble
17:35 29 Sep 20
They were very helpful, and answered all of the questions I had, and got great results from my court hearing, I would highly recommend!
Bodie Breitbach
Bodie Breitbach
15:49 21 Sep 20
This law firm is the best of the best and Courtney was just wonderful in every aspect. Extremely helpful and answers every question and always willing to help! Mark Hurt and his crew are the best! Thank you all for helping my family in a very difficult time. Highly recommend.
Tony Statzer
Tony Statzer
14:41 17 Sep 20
Late in July I was charged with a reckless driving ticket in Greenville County, Virginia. I got caught going 83mph in a 55mph zone. It was my first offense on my driving record and I did not need a misdemeanor which could hurt my career. I was assured by Mrs Rhonda Hurt not to worry and that her team would take care of it. On my end, the only effort I put in was taking a 12 hour defensive driving course and sending her my driving record. Two months later, the result of my hearing was a reduction to a defective equipment/non driving violation with 0 points off my record. The other good part about this case was I did not have to go to court. In court fees I paid $68 and a fine of $78 for my ticket. Mrs. Rhonda and her team put together a miracle in that county and I cannot give her enough credit. I sincerely recommend this firm because I know they worked hard on my case and will do the same for you. Thank you again!
Marqus Keith
Marqus Keith
14:54 15 Sep 20
I highly recommend this law firm! Rhonda answered all my questions regarding social security questions and she put my nerves at ease! Im so thankful for her kind spirit and her honesty!
Catina Ratliff
Catina Ratliff
17:51 05 Sep 20
The law offices of mark hurt was very good to me and my family great people great service and great results courtney was our paralegal that presided over the case could not have asked for more to be done.
Danny Kiser
Danny Kiser
18:34 31 Aug 20
I got a traffic ticket while I traveled passing through VA in May.It is a big deal if you have the Law Section: 44-1/46/2-862 and speeding excess of 80 MPH in your ticket. It is a Criminal Misdemeanor Reckless Driving Charge!I saw Mark T. Hurt's Law office simple letter, I decided to give a call and get a free consultation.From the call, Rhonda provided a detail explaining the criminal charge of the Misdemeanor Reckless Driving ticket is about. She is a very caring and honest person, no sale pressure to me to take their law office at all.Once I decided to use their firm to represent me in court, it didn't take an hour, I was told totake some actions and wait for cout day to see the result. That is that simple and no worry at all. On the court date, I received text messages from lawyer's office. Guess what? The lawyer did a miraculous and fantastic job for me in the court.The Reckless Driving Misdemeanor ticket has been reduced to an Improper Driving traffic ticket.Thanks to Mark T. Hurt's Law office team! They are not only very professional and transparent but also does the best quality job you can find. I strongly recommend them to be your lawyer if you need one in VA.
C.Y. Kuan
C.Y. Kuan
01:07 23 Aug 20
Having landed a Reckless Driving (99 in a 65) on my way back to FL from WV, I came across this law firm when searching something along "best reckless driving lawyers Virginia."Mr. Hurt's firm dropped my "Criminal Misdemeanor" to an improper driving. Which from my understanding is right next to a normal speeding ticket.All expenses accounted (payment, court cost, fine), I'm out roughly $1,100 ; but I'd much rather pay that once today, than every six months to an insurance company for the next... God knows how many years. I am extremely grateful and overjoyed with my outcome.As far as speaking with the great ladies at these offices, everyone was always kind, quick, and considerate. They answered all my questions, explained all my options and possible outcomes. I had a clean record, and had now experience dealing with courts or lawyers, so their patience and knowledge was especially helpful. If I ever screw up again (I pray to God I don't) I hope it's in Virginia, so I can call upon Mr. Hurt's offices.
Nomadic Wolf
Nomadic Wolf
21:06 21 Aug 20
I would like to thank Hope for helping me get my SSDI. She was a true professional a great help with my success. great asset to the law firm and honest lady could not ask for anyone better. Thank You, David
David Harden
David Harden
21:17 20 Aug 20
I had a miracle outcome
jose feliz
jose feliz
22:14 18 Aug 20
I got stop in wyth county saw good reviews on Law of Mark, i can say i highly recomend them, got stop 79mph on a 60mph, they all i had to pay was a low amounth of $200 fine plus court cost $76 and they got me out with zero point infraction, if you looking for lawyer on traffic tickets here its the place to go with! Very professional and representatives will be there to help any time!
Brisio Gaza
Brisio Gaza
23:12 15 Aug 20
This law firm is the up most professional and highly knowledgeable in it's field of work. Courtney is awesome and a pleasure to work with she is the best at her job. We highly recommend this law firm!
Christy Statzer
Christy Statzer
02:52 11 Aug 20
Courtney Cormier and the law office, was amazing! Courtney was very efficient, timely, and responsive. I had an issue with a previous employee, but due to that, Mr. Hurt wanted to ensure that I was completely satisfied, so he made adjustments on his fee, just to make sure I was happy! You couldn't ask for a better paralegal or law office! I highly recommend this firm!
Jessica Ann Roberts
Jessica Ann Roberts
20:10 30 Jul 20
I called seeking help with a traffic ticket I received. I spoke to the legal assistant, Ashley and she was very helpful.
Nathan
Nathan
13:54 30 Jul 20
my Attorney Courtney Cormier was amazing and very helpful and patient with me and the case and always keep me updated on all the steps and procedures of the process i would definitely recommend her and this office they are amazing
Branden Lewis
Branden Lewis
15:24 21 Jul 20
These guys got my reckless driving charge of a 94 in 70 down to a improper driving. You won’t regret hiring them to help you out!
Haley Walser
Haley Walser
23:22 20 Jul 20
Great experience with Courtney Cormier! Thanks for the professional help!
Alisha Fagan
Alisha Fagan
16:26 20 Jul 20
Thank you for doing the best you guys did an amazing job with my case I appreciate everyone that worked on my case I definitely recommend this law firm!!
Abdullah Shaikh
Abdullah Shaikh
14:56 16 Jul 20
Great people! Very helpful and professional.
Heather Foster
Heather Foster
21:53 15 Jul 20
Wonderful, family oriented law firm. The staff are very attentive and courteous especially Courtney. I highly recommend this legal establishment!
Duane Cormier
Duane Cormier
17:25 15 Jul 20
Amazing group of people to work with Courtney is fantasticI would highly recommend this group
Kara Ginter-Hensley
Kara Ginter-Hensley
21:41 14 Jul 20
Great firm!! Diana will walk you through everything you need to take care of a traffic ticket.
Braden Alexander
Braden Alexander
19:28 14 Jul 20
They are very professional, and respectful with everybody, including one of his employees, Rafael
Flavia Oliver
Flavia Oliver
17:01 14 Jul 20
The personnel who work here are constiment professionals. Rhonda Hurt kept me abreast of all proceedings and changes without the need for me to follow up, allowing me to maintain a piece of mind knowing that the Law Offices of Mark T Hurt were on the job (Rhonda kept me up to date through text and e-mail).During the beginning of the COVID-19 outbreak all court dates were changed. I received a personalized letter from Mark assuring me that he and his team was on the job and was going to see my case through to the end while keeping me looped in.Thank you for all your help and persistence to see the great outcome I received.I highly recommend anyone to use the Law Offices of Mark T. Hurt for their issues!
Jon H
Jon H
11:34 13 Jul 20
They are a hard working team that care about their clients.
Frederick Baker II
Frederick Baker II
05:13 26 Jun 20
Fast, professional, and friendly. One of the best we have had for our family case and would HIGHLY recommend!!
Jonathan Mora
Jonathan Mora
19:13 04 May 20
I had a summons to court for reckless driving doing 82/70, and they took care of it without a problem and got it dismissed for me! They also work with you on your payments! Rhonda is the sweetest person I’ve ever spoke too, she worked with me and helped me tremendously! I highly recommend you choose this amazing and sweet firm to help your cases! ❤️
Aleah Nicole
Aleah Nicole
13:46 11 Apr 20