David Wayne Querry had a tough job as an underground fire boss that he held for a long time. Earlier in the year, Querry had an unfortunate accident while working for Spartan Mining Company which does business as Mammoth Coal. While walking on a catwalk to assess the condition of a conveyor belt, he fell down after tripping on a rock. But this was just the start of his many problems.
After the Accident
Querry has now filed a lawsuit against Mammoth Coal stating that the company had violated the West Virginia Human Rights Act. After his accident, Querry tried to file an injury report but spent some time looking for the right workers’ compensation form. According to the complaint filed at Kanawha Circuit Court in April of 2014, he alleges that while he managed to file the right form after two more shifts at work, Mammoth failed to report the injury, as required under West Virginia workers’ compensation laws.
He should not have worked those two other shifts if he was really hurt.
Post this, Querry filed a workers’ compensation claim asking for benefits under the West Virginia Workers’ Compensation Act. However, on a seemingly unrelated matter, Querry was suspended on January 29th 2014. According to Mammoth, it is alleged that he was fired for misconduct while on the job. Eventually, he was terminated on February 7th 2014. His workers’ compensation lawyers have stated that the termination was in part or fully motivated by the fact that Querry received an injury while on the job and sought to get benefits under the laws of the West Virginia Workers’ Compensation Act.
Because of his termination, Querry alleges that not only has he lost wages and any benefits he might have earned, but he has also suffered plenty of embarrassment and humiliation. Well, apparently he cannot walk without tripping!
The Laws
According to West Virginia Workers’ Compensation Laws, employees who have suffered through an on-the-job injury owing to an accident/injury/occupational diseases have a right to claim money and medical benefits. In exchange for not suing the employer, the employee receives money on a biweekly or weekly basis. In West Virginia, negligence and fault are not important issues while deciding on workers’ compensation benefits.
The claim forms need to be filed with the Offices of the Insurance Commissioner based in Charleston and can be done online. While the statute disallows claims after a period of two years from the injury, it is recommended to file a claim as soon as possible after the injury. Workers’ compensation payments are made depending on whether the injury qualifies as a permanent and total disability, or as temporary disability.
Querry has lawyered up and is being represented by workers compensation attorneys in Morgantown, WV. His workers’ compensation lawyers Stephen Farmer and Matthew Nelson are seeking compensatory as well as punitive damages along with costs, front pay, attorney fees, and other relief on his behalf. This could be a steep hill to climb considering what their client did. Speaking to workers’ compensation attorneys in West Virginia – it is in your best interests to do so if you believe that your employer is violating your rights.
