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Truck driver alleges employer caused 2013 accident injuries

Mining and trucking are two of the most dangerous occupations in the country, including West Virginia. Workers in both industries face routine hazards that can lead to serious injuries. Most workers learn to live with and accept certain risks because they have families to support, but none of them expect their employers to cause their injuries through negligence.

This is what one truck driver is charging a Charleston mining company with following a truck accident that left him with neck and back injuries. The Chapmanville man says the Logan County operation of Apogee Coal Company of Charleston failed to repair severe deficiencies in the company's roadways and that he was injured when the truck he was driving hit a rut.

The action is seeking compensation for the truck driver's injuries and medical treatment in addition to attorneys' fees and court costs.

The plaintiff has accused his former employer of deliberately ignoring poor road conditions on Apogee property and failing to make repairs that would have prevented the driver's accident. In addition, his suit is contending violations of state regulations and federal Mine Safety and Health Administration rules. According to the plaintiff, his injuries caused physical suffering and mental duress and led to lost time from his job.

If the plaintiff can show that Apogee's actions constituted neglect, then he could be successful in getting a favorable court ruling against the company that would pay compensation for his injuries, medical treatment and lost income. The company could also offer a settlement that could limit compensation and avoid protracted legal proceedings and costs.

Source: West Virginia Record, "Truck driver blames mine company for injuries," Carol Ostrow, March 5, 2015

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