Virginia 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

Mary, Bart, and Mark helped me tremendously with my workers compensation case. We navigated a long (over a year) road together and they helped me to not only win my case, but obtain a settlement of over $125k. I would recommend the Offices of Mark Hurt to anyone needing someone to stand with them in their corner! Thanks again Mary and Bart!! :-)
Charles Dutcher
Charles Dutcher
1685471585
Extremely pleased with the prompt support and guidance from Michael. He and the office staff were great to work with. They walked us through the process and were able to have my daughter's traffic violation dismissed with 0 points.
ga thomson
ga thomson
1684936164
Bart and Mary were very professional and helpful with my claim. I appreciate all that you did for me. You were great.Thanks forall that you've done.Clifford E Boyer
Clifford Boyer
Clifford Boyer
1683668004
I started receiving services through this law firm in 2017 for my workers compensation case. Over the years, this firm has been attentive, kind, patient and understanding to my needs. My calls were returned promptly, if the associate was unavailable at that time and I have had ample opportunity to speak with Mr Hurt directly concerning my case. With Mary Wilson, Bart Conway, Mr Hurt and others behind the scene, my case has progressed smoothly. I am very pleased with the services and attention I received at this firm and would recommend Mr Hurt, Mary and Bart for your needs.
Teresa Harris
Teresa Harris
1683569779
We hired Mr. Hurt to help settle a worker’s comp injury case for my husband. Mark, Bart, and Mary worked tirelessly to resolve his case and reach a settlement we were pleased with. They were always available to answer questions and returned calls in a timely manner.
K F
K F
1682489385
We were fortunate to find the Law Offices of Mark T. Hunt to help us set up our estate. Melanie was a joy to work with. She did a wonderful job putting together all of the documents needed to complete our estate planning.
Roxanne Mcfall
Roxanne Mcfall
1681766365
The office got right back to me and were compassionate about my sensitive situation
polly deal
polly deal
1680754180
Jessica was helpful in assisting me with my disability claim!
Amber Snapp
Amber Snapp
1680618358
Jessica was super helpful when I had questions about submitting my claim for disability. She also got me a case manager quickly!
Amber Petrovich
Amber Petrovich
1680618228
I have only praise for the Mark T Hurt firm and especially Michael Miles. Michael was very helpful in guiding me through the court process ans assuring a good outcome. I would recommend this firm and Michael in particular if you need representation in Virginia!
Dave Dalpiaz
Dave Dalpiaz
1680114987
I called and spoke with Jessica in the Disability Dept. after my Denial and she was right on top of getting me the paperwork to Hire them as my Representatives to Handle my claim from here on out
Allen Smith
Allen Smith
1679416063
Jessica was extremely helpful at assisting me with getting me in the process to file my disability case.
Jason Harris
Jason Harris
1678138281
Thank youJessica from the Social security DeptU were very Helpful
Christal Postema
Christal Postema
1678134153
Jessica in theSoccial Secuity Dept was great
Bryon Nimmo
Bryon Nimmo
1678130439
I spoke with Jessica and she was fantastic! She helped me get my social security disability application started and set up with a case manager.
Rebecca Hunt Ford
Rebecca Hunt Ford
1678128980
Jessica @ Social Security Department was very helpful and friendly with us today.
Winonia Blankenship
Winonia Blankenship
1678125271
I had a ticket and was upset. I did not want points on my license. Frankie was amazing and made sure all my bases were covered. The Law Office of Mark Hurt did a wonderful job and got my ticket completely dismissed!!!! I am so glad they helped me. They were so nice and answered all my questions. I never had to worry after I talked with them. I would highly recommend that anyone who needs help with a ticket to talk with this firm!! Thank you so much for everything!!!
Nichloas Wyatt
Nichloas Wyatt
1677981214
Jessica in Disability is awesome!! She replies quickly and gets things done. I’m very satisfied with my choice and feel great that it is in their hands!
laura dykes
laura dykes
1677875154
The individuals I spoke with were courteous, helpful, and thorough. Thank you Jessica.
RoseMarie Whisnant
RoseMarie Whisnant
1677785574
Jessica and the disability dept are very helpful and give excellent assistance with filling a claim very glad I contacted them
Jessie Hawks
Jessie Hawks
1677680471
Was very easy process. Jessica was very friendly and helpful while applying for Social Security Disability.
Darlene Robinson
Darlene Robinson
1677623644
Thank you so much Jessica for helping me with my social security disability case! You were kind, helpful, and understanding. I greatly appreciate you!
Kelly Bragg
Kelly Bragg
1677613932
Jessica and the group started helping me with my disability case the same day I called. 10/10 recommend
Brittany Poole
Brittany Poole
1677612031
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