There are still mining related accidents, although thankfully they are not as frequent as in the past. This is mainly due to the fact that the UK now has far fewer mines and miners than at any time in modern history. When these accidents do occur it is important that those involved are fully aware of the situation regarding mining accident claims.
Despite improvements in mine safety over the years, and because of the nature of the working environment accidents can be very serious. The work is deep underground and roof collapses can occur. Heavy machinery is operated in confined spaces and this can also result in accidents. Explosions and fires can occur due to gases trapped in the shafts or because the use of explosives, sometimes necessary in this industry, goes badly wrong. With these perils in mind it is important that you are fully aware of mining accident claims – the facts about how the legal process works.
It is important to understand the difference between industrial diseases contracted through working in the industry and mining accidents. There are differences in the time limits when making a claim, depending on whether you are suffering a mining related disease or are the victim of a mining accident.
Due to the nature of mining, diseases can be picked up that may have a lifelong impact on an individual. They include lung diseases, such as pneumoconiosis and emphysema, or physical diseases, including vibration white finger or noise-induced hearing loss. As these conditions may develop over an extended period of time any claims for compensation have to be made within three years of the illness first being diagnosed. As far as mining accident claims are concerned, the time limits for claims are much tighter and must be made no later than three years after the incident.
Due to the unique nature of the industry, when considering mining accident claims, the facts surrounding the incident can sometimes be difficult to ascertain, so it is in your best interest to seek legal advice. Here at Accident Advice Helpline we have a skilled legal team that is experienced in dealing with such claims. You can rest assured that, should you choose to ask us to represent you, it will not be necessary to pay us a fee upfront.
The information you provide us with in connection with your accident will be crucial. It will help our legal team determine if you do have grounds for a mining accident claim and if so whom the claim will be made against.
When we discover who to make the claim against – it is likely to be your employer – it does not mean that liability will be admitted. However, your employer, the operator of the mine where the accident occurred, has a duty of care to you under the Health and Safety regulations. This means you should have been provided with the correct safety equipment and that any machinery has been properly maintained and the operator trained to use it.
If the claim states that your employer was remiss on any of the points, the claim could still be contested; for example, by claiming he or she was not negligent. By seeking legal advice and representation from Accident Advice Helpline, if your case is strong, we will be able to fight those denials and hopefully win you the compensation you deserve. Similarly, if an offer of compensation is made, which is felt to be below what a court might have agreed our lawyers will fight to gain you a higher award.
To discuss your claim with a member of our expert team dial 0800 689 0500 now.
Date Published: January 1, 2014
Author: David Brown