CHARLESTON — A Kanawha County man is suing coal companies, alleging negligence, retaliation and wrongful discharge.
Chad Woods of Dry Branch filed a complaint March 28 in Kanawha Circuit Court against Marfolk Coal Company LLC and Elite Coal Services LLC,alleging Elite violated the West Virginia Human Rights Act.
According to the complaint, on April 6, 2015, while working for Elite and Markfork, Woods was seriously injured when he had to jump out of a speeding supply motor. Thereafter, the suit says, Woods filed workers compensation claims and was unable to work for approximately five months.
When Woods was released to return to work, the lawsuit states, he was terminated by Elite. As a result, he says he has suffered and will continue to suffer lost wages and benefits and emotional distress.
The plaintiff alleges the defendants breached their duty to provide safe and properly maintained mining equipment and Elite retaliated against Woods him by terminating his employment for attempting to receive workers compensation.
Woods seeks trial by jury, compensatory and punitive damages, plus interest, attorney fees and court costs. He is represented by attorneys D. Blake Carter, J. Ryan Stewart and Taylor M. Norman of Bailey Javins & Carter LC in Charleston.
Kanawha Circuit Court Case number 17-c-432