If you have had the misfortune to have had a mining accident and been injured you may be entitled to compensation. Mining can be a dangerous job and many accidents and injuries are caused by exposure to toxic gases or injuries that occur when working with haulage equipment. Fortunately, like any other significant industry, mining companies have to take out workers’ compensation insurance to cover the miners if they fall sick or have an accident and are injured while working as a miner. The workers’ compensation typically covers two thirds of the miner’s weekly wage while off work recovering and the full cost of all medical treatment. What to Do Before Filing a WC Claim If you have been involved in an accident while working as a miner and you have sustained an injury, you must get yourself to a hospital to get medical treatment. When you leave the medical facility you should make sure you have the evidence to prove you were injured and the type of treatment you have received. As soon as you are able you should notify your employer of your injury. You should submit your report as soon as possible as your employer may not believe your injury took place at work if you leave your claim too long to file. Filing Your Report As soon as your employer has been told about your injury you will be sent a form for you to fill out. When you have filled in the form you should hand it back to your employer who will submit it on your behalf to its WC insurer. If you’re experiencing any difficulty filing your report, you should contact your local workers’ comp office. To help support your claim you should consider including the following evidence: Eye witnesses’ written reports from other miners which prove your injury happened while you were working as a miner; Photos taken by you or other miners who observed the accident; Receipts for any medical treatment you have already paid for; Video camera footage showing the mining accident taking place (if available); Your physician’s diagnosis and likely treatment and recovery time. After You File Your Accident Report Unless you are very lucky, you won’t get your WC application approved immediately. The WC insurer will conduct an investigation to determine if the validity of your WC claim is valid. It may decide to contact any of the following entities before your WC claim is finally approved: your employer; your doctor; any eye witnesses. As soon as your employer’s workers’ compensation insurer approves your WC claim you will start to receive your benefits. The amount you receive should be two thirds of your normal weekly earnings back dated to when the mining accident happened and the total cost of your medical treatment until you have recovered. If you get a letter saying your WC claim has been denied you can lodge an appeal by contacting your local Workers' Compensation Appeals Board. The appeal’s hearing will take place and the judge who hears your case will tell the employer’s WC insurer to pay your WC as long as your claim is valid. Contact a Workers’ Comp. Lawyer If you are finding it difficult to file your WC claim or your claim has been denied, the help of a WC lawyer can help you get your claim on the right track and get the workers’ compensation you deserve. Additional Resources When Should I Start My Workers' Compensation Claim? Workers' Compensation Claims by Injury
