Coal truckers in Pennsylvania play a critical role in the state’s economy by transporting large amounts of coal exports. However, coal truckers face numerous hazards in the workplace. These hazards can cause disability and long-term chronic illnesses that are expensive to treat.
If you are a coal truck driver with a work-related injury or illness in Hershey, Calhoon and Kaminsky P.C. can help you file a workers’ compensation claim to get the benefits you deserve. Coal truck drivers can qualify for workers’ compensation benefits and may also qualify for additional benefits under the National Black Lung Benefits Act.
Contact us today to schedule a free consultation with a coal mining compensation attorney in Hershey.
Why Coal Mining Truckers Need Workers’ Compensation in Hershey
Although not directly involved in the extraction process, coal mining truckers are still exposed to harmful substances that can result in long-term disease and medical complications.
Coal mining truckers are exposed to carbon compounds and silicates that can cause progressive diseases, such as:
- Silicosis – Silicosis is caused by the formation of small silica crystals in the lungs from inhaling coal dust:
- Black Lung Disease – Black lung disease, or pneumoconiosis, is a respiratory disorder caused by inhaled coal dust. It can take up to 20 years for symptoms to develop.
- Progressive Massive Fibrosis (PMF) – PMF is an advanced form of black lung that causes large fibrous masses to grow in the lungs.
In addition to occupational disease, coal truck drivers are at risk for injury due to other workplace hazards, such as traffic accidents.
Understanding Workers’ Comp for Truckers in the Mining Industry
Standard coal miners’ workers’ compensation for occupational diseases will cover the cost of reasonable medical services and hospital treatment related to your condition. Workers’ compensation will also cover a portion of your lost work income, up to a maximum legal limit. Payments last as long as the disability lasts or until the disability has healed enough for you to return to your regular job.
In addition to regular workers’ compensation benefits, workers’ compensation providers in Pennsylvania collaborate with the federal government to offer additional benefits to coal miners under the Black Lung Benefits Act. Under this act, the federal government will cover the regular costs of screening and treatment related to black lung disease and other respiratory diseases resulting from coal exposure. You can receive these federal benefits in addition to any benefits from state workers’ compensation programs.
Coal Miners Workers’ Compensation: How It Covers Drivers, Loaders, and Site Transport Operators
Coal drivers, loaders, and site transport operators are all considered coal workers and are therefore covered under the Pennsylvania Occupational Disease Act. So long as you are an employee and not an independent contractor, your Pennsylvania employer will provide workers’ compensation coverage for you. However, you must have been employed in the coal mining industry for at least two of the last 10 years to receive compensation for occupational diseases related to coal exposure.
Mining Insurance: What It Is and Why It Matters for Truckers
Pennsylvania has mining subsidence insurance that homeowners can purchase. This insurance covers structures located over abandoned coal and clay mines in the event of collapse. Mining companies don’t usually buy this type of insurance. They usually purchase insurance to cover equipment damage, accidents, and environmental liabilities. Mining companies in Pennsylvania that have employees are likely required to have workers’ comp insurance. They may also carry employer liability coverage, which can provide benefits that extend beyond those offered by workers’ compensation.
Suppose a trucker isn’t an employee of a trucking company but has been harmed by hauling coal and other toxic substances to or from their property. In that case, they can likely file a third-party claim against the mining company’s general liability insurer. If they are an employee of the mining company, depending on the nature of their injuries, they may be entitled to file a claim under the company’s employer liability coverage.
How to File a Workers’ Comp Claim as a Coal Trucker in Hershey, PA
Normally, you have 120 days to report a work injury to your employer. However, the process is different for occupational diseases. For occupational diseases, you have up to 300 weeks from your last exposure to the harmful substance to notify your employer.
After notifying your employer of your condition, they will contact their insurance and file a First Report of Injury with the state’s Bureau of Workers’ Compensation. Your employer’s insurance then has 21 days to approve or deny benefits. During this period, they may pay temporary benefits while awaiting a more permanent decision.
Denied or Delayed Compensation? What to Do Next
If you have been delayed workers’ compensation for a coal truck driving-related injury, don’t panic. An attorney can appeal the decision and fight to get the benefits you need to support your life and your family. You can file a Notice of Appeal with the Pennsylvania Workers’ Compensation Appeal Board to contest a claim denial. You have 20 days from the date of denial to file a petition, so it’s essential not to delay.
Quick Answers About Workers’ Comp for Coal Truckers
If you have further questions about workers’ comp for coal truckers, contact Calhoon and Kaminsky P.C.
Are coal truck drivers eligible for coal miners’ workers’ compensation?
Yes, coal truck drivers are generally eligible for workers’ compensation from their employers, provided they are employees and not independent contractors.
What’s the difference between mining Insurance and workers’ comp?
Mining companies purchase insurance policies to cover equipment breakdowns and liability on worksites. In PA, mining companies must purchase workers’ comp coverage for their employees unless they qualify for an exception.
Can I sue if I was injured in a coal trucking accident?
Generally, you cannot sue your employer for a work-related injury if they have workers’ compensation. However, you may be able to sue a third party if they caused the coal truck accident.
Get the Compensation You Deserve in Hershey
You work hard as a coal truck driver and deserve relief when work injuries put you out of a job. The workers’ compensation attorneys at Calhoon and Kaminsky P.C. can help you fight for the benefits you deserve. We have over 20 years of experience helping injured workers in Pennsylvania and will spare no resources in fighting for our clients.
Contact our offices today for a free case evaluation with a coal mining workers’ compensation attorney in Hershey.
