West Virginia Record

Thursday, August 22, 2019

Hampden Coal LLC employee alleges he was terminated for filing workers' compensation claim

By Philip Gonzales | Jan 10, 2018

WILLIAMSON – A Mingo County couple alleges the husband was terminated from his coal mining job after he filed a workers' compensation claim.

Jared Callaway and Amanda Callaway filed a complaint in Mingo Circuit Court against Hampden Coal LLC, Hampden Coal Co. and Black Hawk Mining LLC alleging workers' compensation discrimination.

According to the complaint, the plaintiffs allege that on Nov. 30, 2015, Jared Callaway was employed by defendants and was injured when a large metal door fell on him. The suit states he filed a workers' compensation claim and later returned to work with restrictions. He alleges he was later terminated in retaliation for filing the workers' compensation claim.

As a result of defendant's allegedly malicious actions, he claims has suffered lost wages and benefits, loss of ability to enjoy life and economic and non-economic damages. 

The plaintiffs holds Hampden Coal LLC, Hampden Coal Co. and Black Hawk Mining LLC responsible because the defendants allegedly failed to perform safety inspections and repair dangerous equipment and retaliated against him and terminated his employment for filing a workers' compensation claim.

The plaintiffs request a trial by jury and seek compensatory and punitive damages, pre- and post-judgment interest, attorney's fees, costs and expenses and such other just and proper relief. They are represented by James R. Fox of Fox Law Office PLLC in Hurricane. The case has been assigned to Circuit Judge Miki Thompson.

Mingo Circuit Court Case number 17-C-192

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Fox Law Office, PLLC Mingo Circuit Court

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