Leer Mining Complex employee alleges bonus policy punishes workers who report injuries

By Wadi Reformado | Sep 19, 2017

GRAFTON – A Preston County man alleges that he and co-workers have lost bonuses because of reported on-the-job injuries.

James A. Moore Jr. filed a complaint on behalf of himself and all others similarly situated Aug. 28 in Taylor Circuit Court against ICG Tygart Valley LLC, doing business as ACI Tygart Valley, operator of Leer Mining Complex; and Arch Coal Inc. citing the West Virginia Wage Payment and Collection Act.

According to the complaint, the plaintiff began working for Leer in September 2012 and suffered injuries while working in August 2015 and November 2016 because of allegedly unsafe working conditions. He alleges he filed workers' compensation claims for both incidents.

The suit states that Leer has a policy to award individual bonuses and group bonuses for each quarter in which the group operates without an injury, but that bonuses are lost regardless of whether the injured party was a fault or not. The plaintiff alleges that this policy punishes workers for complying with state requirements to report injuries.

The plaintiff requests a trial by jury and seeks damages, declaratory relief, injunctive relief, all legal fees and any other relief as the court deems just. He is represented by Jane E. Peak and Allan N. Karlin of Allan N. Karlin & Associates in Morgantown.

Taylor Circuit Court case number 17-C-52

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