First West Virginia Coal Mining Death in 2012, As Mine Worker Killed By a Rib Roll
West Virginia recently had its first coal mining death of 2012. Jeremy Sigler, age 34, died from what is known as a "rib roll" -- when the side walls crack and fall into the mine.
Last year, six West Virginian coal mine workers lost their lives, and 21 total across the country. So far, three other coal mine deaths have occurred in 2012: one in Virginia and two in Kentucky.
The mine where Sigler lost his life was the Kingston No. 2 Mine, which is owned by Alpha Natural Resources. Alpha Natural Resources acquired Massey Energy Company in 2011, roughly 10 months after Massey's Upper Big Branch mine was the scene of the biggest mining disaster in West Virginia history. After Sigler was stricken by some of the fallen material, his coworkers tried unsuccessfully to revive him.
Although Sigler's is the first death of 2012, his is not the first death in a Kingston mine. In October 2010, William Dooley died from falling off of a roof. Following his death, the Mine Safety and Health Administration (MSHA) found that Dooley's fall resulted from poor management oversight of roof conditions and a failure by management to "evaluate adequately the changing geological conditions." This time, following Sigler's death, the MSHA has issued a closure order on the mine while the accident is under investigation.
The MSHA database reveals that both Kingston No. 1 and No 2 Mines have checkered histories with safety compliance. The Kingston No. 2 Mine alone was forced to pay more than $700,000 in penalties due to repeatedly violating the Mine Act over the past decade. In addition, the Kingston No. 2 Mine received 968 citations for violations of the Mine Act, with 130 in 2011 alone.
The fault may not necessarily lie with Alpha Natural Resources, since its Cucumber mine, the winner of safety awards, received its last citation in 2006. However, the Kingston mines' safety issues are troubling and reminiscent of millions of dollars in penalties, and hundreds of citations, that the Upper Big Branch mine received before the disaster.
Key Legal Takeaways & Summary
Essential West Virginia Legal Principles Established in This Case:
- •This analysis of "First West Virginia Coal Mining Death in 2012, As Mine Worker Killed By a Rib Roll" highlights the essential legal protections and obligations established under West Virginia civil and statutory law.
- •While West Virginia workers' compensation provides statutory immunity for ordinary job injuries, exceptions exist under W. Va. Code § 23-4-2 for intentional safety violations ('deliberate intention').
- •Contractors, heavy machinery operators, and industrial employers are bound by strict state and federal (OSHA/MSHA) regulations that can substantiate third-party liability claims.
Frequently Asked Questions
Common questions and legal analysis regarding claims under West Virginia law:
When can an injured worker sue beyond basic workers' compensation in West Virginia?
An employee can pursue damages beyond workers' comp if the employer knowingly exposed them to a specific unsafe working condition in violation of industry safety standards, or if a negligent third-party contractor caused the hazard.
What are the reporting deadlines for workplace injuries in West Virginia?
Employees must promptly report injuries to supervisors and file formal claims within six months. Failure to document reporting immediately can compromise workers' compensation benefits.
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