West Virginia Record

Thursday, August 22, 2019

Former Black Hawk Mining, Blue Creek Mining employee alleges he was terminated in retaliation

Federal Court

By Carrie Bradon | Jul 16, 2019


Saad and Proctor

HUNTINGTON – A Hurricane man alleges he was retaliated against by his employers for reporting unsafe working conditions.

Paul Lawrence Scott filed a complaint in the U.S. District Court for the Southern District of West Virginia against Black Hawk Mining LLC; Blue Creek Mining LLC, doing business as Blue Creek 1; and John Does 1-10 alleging workers' compensation retaliation and discrimination and disability discrimination.

The suit states that the plaintiff was working for the defendants beginning in June 2017 through an employment agency and was hired full time. The plaintiff alleges sometime after October 2017, he raised health and safety concerns regarding excessive dust exposure and nothing was done to remedy it.

On Jan. 24, 2018, the suit states plaintiff was injured when a shuttle car struck him and he filed a workers' compensation claim. On Jan. 27, 2018, the plaintiff alleges he was injured by another employee who physically attacked him and he was suspended and terminated following the incident. He alleges he received unemployment compensation but his workers' compensation claim was denied.

The plaintiff alleges that he was retaliated against over his reporting of the allegedly unsafe working environment.

The plaintiff is seeking all reasonable sums due, attorney fees and court costs. The plaintiff is represented by Abraham J. Saad of Saad Dixon Law Offices in Huntington and John A. Proctor of Frazier Oxley and Proctor in Huntington.

U.S. District Court for the Southern District of West Virginia case number 3:19-CV-00411

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