West Virginia Record

Friday, July 19, 2019

Miner holds employer responsible for injuries

By Carol Ostrow | May 8, 2015

BECKLEY — A Raleigh County couple filed a lawsuit against a pair of coal mining companies for alleged negligence in a 2013 matter.

Richard and Sonya Ward of Beaver brought a complaint on April 6 against Rock and Coal Construction of W.V. Inc. of Sophia and Coal River Processing LLC of Charleston in Raleigh Circuit Court, claiming liability in an April 2013 incident.

Plaintiff Richard Ward, employed by Rock and Coal on Coal River’s premises, was instructed to do iron work for which he was allegedly unqualified on April 11, 2013. The lawsuit states that Ward requested tie-off equipment but was not provided proper anchorage; and that he fell off a beam approximately 8.5 feet, landing on his back and right arm.

The plaintiff alleges that his employer violated West Virginia labor code with unsafe working conditions and knowledge of said conditions, and intentionally exposed him to hazard. He includes Coal River as a defendant as the operator of the plant where he was working.

Citing deliberate intent and complaining of physical pain and suffering, mental anguish, impairment, lost wages and benefits, loss of capacity to enjoy life, medical expenses, annoyance and inconvenience, and loss of consortium for Sonya, the plaintiffs seek compensatory and punitive damages, pre- and post-judgment interest, attorneys’ fees and costs.

The couple is represented by Stephen New and Amanda Taylor of Beckley.

Raleigh Circuit Court case no. 15-C-267-H

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