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The U.S. Mine Safety and Health Administration (MHSA) reports that a personnel carrier that fatally hit a Kentucky coal miner last year was missing an original safety feature, according to news reports.
A 47-year-old coal-mining foreman died from severe head injuries after the personnel carrier jumped forward, struck him and pinned him against the wall of the No. 9 mine owned by The Hubble Mining Company, LLC, near Eolia.
The accident occurred after the carrier’s driver backed up the vehicle before hitting a switch to move forward. The driver said the carrier accelerated faster than expected and struck the victim.
Investigators reported that the company that made the carrier did not install a safety feature that would have required the vehicle to be in a neutral position before making a directional switch. According to the MHSA report, it was that omission that caused the carrier to lurch forward and hit the worker.
MHSA also reported that the company that designed the carrier knew that it did not have the neutral-start device. It also cited The Hubble Mining Company for not checking that the carrier was being used according to its design and for not using it as intended. Personnel carriers are built to transport workers, but it was being used to transport wooden blocks at the time of the fatal accident.
When these types of workplace accidents happen, employers or other entities may be held liable if the failure to adhere to important safety standards leads to accidents that injure or kill workers or innocent bystanders.
In cases of injury, most Kentucky workers are entitled to workers’ compensation benefits through their employer, which can provide money for medical treatment, lost wages and other expenses incurred as a result of the accident. In general, that bars workers from filing suit against the employer.
However, it is possible to hold third parties (such as manufacturers) responsible if it can be shown that their negligence is responsible for the workplace accident. That is why it is important to speak with a Kentucky workplace injury attorney as soon as possible after a serious accident. In some cases, it requires extensive investigation to determine all of the possible defendants in a workers’ compensation case. A lawyer can help identify at-fault entities so that you can receive the maximum amount of compensation possible given the circumstances of your case.