California is a mineral-rich state known for its gold, silver, copper, and coal mineral resources. Mining is an essential industry in the Golden State, but it is also one of the most dangerous with several factors that present adherent risks to miners. Fortunately, there are numerous avenues to receive workers’ compensation benefits for miners in California.
If you were injured working as a miner, please do not hesitate to seek legal counsel by contacting Maison Law today for a free consultation and case evaluation.
Black Lung Benefits Act for Miners
The U.S. Department of Labor provides the Division of Coal Mine Workers’ Compensation with the Black Lung Benefits Act. The Black Lung Benefits Act provides monthly payments and medical benefits to coal miners who have been disabled from pneumoconiosis (black lung disease) arising from their employment in any coal mine in the United States. This Act also provides monthly benefits to the miner or the miner’s dependent survivors.
Two types of medical services are provided via The Black Lung Benefits Act. They include:
- A diagnostic test for all miner-claimants to determine the presence or absence of the black lung disease and the degree of disability associated
- Monthly benefits, which include medical coverage for treatment of black lung and disability
Diagnostic testing for black lung includes:
- Chest x-ray
- Pulmonary function study (breathing test)
- Arterial blood gas study
- Physical examination
All miners and former miners may be beneficiaries of the Black Lung Benefits Act. If you or a loved one is a miner who has received inadequate compensation or has had their benefits denied, contact a Workers’ Compensation Attorney at Maison Law to protect your right to compensation and discuss your legal options.
How Can a Lawyer Help with My Miner Workers’ Compensation Claim?
If an employer’s workers’ compensation has under-compensated you, provided you with inadequate care, or terminated your treatment or compensation too soon, a Workers’ Compensation Attorney can file a lawsuit against them to protect you from additional financial burdens and delayed medical treatment. An attorney can also file a lawsuit against the party responsible for your injuries to get you compensation for your medical care, lost wages, and disability, as well as pain and suffering.
Common Mining Workers’ Compensation Injuries
Miners in California face many risks. Typical mining activities include drilling, blasting, operating heavy machinery, working in tight spaces, moving heavy loads, and exposure to toxic chemicals or dust. Thus, mining work is highly susceptible to catastrophic injuries or even death. Some of the most common mining injuries include:
- Cave-ins and Collapses: with the majority of the work occurring underground, cave-ins and collapses can trap minors or cause them severe injuries.
- Explosions and fires: flammable gases and dust can lead to massive explosions and fires, resulting in devastating injuries or loss of life.
- Machinery accidents: heavy machinery is required to mine minerals from the earth and accidents can happen if machinery is not properly maintained or safety protocols are not followed.
- Hazardous substances: miners will frequently have to handle hazardous chemicals such as explosives, which can cause significant illnesses if not handled correctly.
- Physical strain: heavy lifting, digging, and repetitive motions often lead to musculoskeletal injuries and strains.
When Do Temporary Disability Benefit Payments Begin for Miner Workers’ Compensation Claims?
Temporary disability (TD) benefit payments begin when your doctor says you can’t do your usual work for more than three days or you get hospitalized overnight. Temporary disability benefit payments re typically two-thirds of your gross income before taxes. By law, payments must be made every two weeks. If a payment is missed, the insurance company must pay penalties to you. The late payment penalty is generally between 10% and 25%, depending on the benefit and the reason for the delay.
California Labor Code 4650 covers 10% penalties for overdue payments and California Labor Code 5814 specifies penalties of up to 25% for temporary disability payments that are unreasonably late. These laws provide penalties if the following temporary disability benefits are delayed:
- Medical treatment
- Settlement funds
- Mileage reimbursement
- Any other payment the insurance company is required to make
If an insurance company is late with a temporary or permanent disability payment and is in vilation of California labor code 4650, then they must pay the 10% penalty. For a California labor code 5814 violation, you would have to show how the payment was unreasonably late. If you are experiencing issues receiving your workers’ comp benefits, contact a workers’ compensation attorney to ensure you are fully compensated without delay.
Contact a Miners Workers’ Compensation Lawyer in California
If you or a loved one has been mistreated, neglected, or inadequately compensated by worker’s compensation after suffering a work-related injury, the attorneys at Maison Law will pursue the full extent of the damages you are owed. Miners are subjected to some of the most dangerous elements on earth, and they deserve to be fully compensated after suffering injuries on the job.
Our workers’ compensation attorneys understand the risks miners take each day to make a living and we’re prepared to exercise the full extent of the law to help you receive what you are rightfully owed. For legal counsel concerning your workers’ compensation claim, contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our services and you will not be charged a dime unless we win your case.
