Montana Miner Accidents, Injuries, and Workers’ Compensation

Agriculture is the largest industry in Montana, but mining has been an important part of the state’s economy for centuries. The 1892 mining law resulted in thousands of mines opening across the state. 

The Montana mining industry includes more than 7,200 people. Mining, quarrying and oil and gas extraction are included among the industries with the highest number of fatalities, estimated at about 112 fatalities per 100,000 full-time equivalent workers. 

Strict controls and regulations by the Mine Safety and Health Administration and other agencies keep the mining industry as safe as possible for heavy equipment operators, blasters, drillers, and others in the field. 

Sadly, we occasionally hear about a tragic accident related to the mining industry. In 2023, a 24-year-old Idaho man died in an underground machinery accident in a Montana mine. The worker was operating a machine that bolts wire panels onto the stone walls of an underground area to prevent falling rock during future mining. Investigation showed that he became caught in the rotating shaft on the bolter. 

While these types of accidents aren’t frequent, they happen occasionally. Like other jobs, miners are entitled to workers’ compensation benefits or survivor benefits if they are injured or killed in a work-related accident or illness.

Common types of mining-related injuries

• Roof collapse. Mining or natural seismic activity could cause the Earth to move. Movement can also be from planned or unplanned gas or coal dust explosions. This could result in a collapse that injures or traps miners from falling rocks, or they could suffer from injury or suffocation.
• Slip and fall accidents. This is not specific to job sites—a slip and fall injury could happen anywhere at any time. But coal mining tends to involve more slippery or wet surfaces and climbing, so it’s higher risk than some other types of jobs.
• Gas inhalation. Miners could be exposed to methane, carbon monoxide, nitrogen, hydrogen, and other hydrocarbons. Depending on the type of gas or toxin, the worker could experience respiratory issues, unconsciousness, or death.
• Fire or explosion. An electrical fire or other type of fire or explosion could cause a burn injury, but could also result in asphyxiation or smoke inhalation. Usually these are caused by sparks, open flame, gas igniting, explosives, or methane.
• Flooding. Underground mines can flood. This could leave a miner trapped behind a flooded area, and they are then unable to be rescued in time before they drown or die of hypothermia. Open spaces underground can fill with groundwater or surface water, and some planned explosions could lead to rushing groundwater.
• Hauling, machinery and tool accidents. Heavy equipment is commonly used in the mining industry. This could include heavy loads that could fall or overturn, causing loose material or trapped-by accidents. It also includes tools that are designed to break down walls of coal; certainly these machines can easily tear through a human body, even bone. If machines malfunction or the worker is not properly trained, it can lead to serious injuries or fatalities.

Investigation and regulation for Montana mine-related injuries

The Federal Mine Safety and Health Act requires that all mines are inspected regularly. The law governs the Mine Safety and Health Administration to set and enforce standards to keep miners safe and healthy and to protect against accidents or illnesses. 

The agency does this by setting forth guidelines that include, but are not limited to:

• Training requirements
• Equipment safety standards and operating procedures
• Notification policies if there is an accident or injury

Can an injured miner receive Montana workers’ compensation benefits?

Generally, yes. 

If a mining company employs a miner who suffers injury or illness in the workplace or related to their job, the miner could be eligible for Montana workers’ compensation benefits. 

Montana workers’ compensation benefits include a percentage of lost wages if the injury leaves you unable to work and costs associated with medical treatment related to the injury. This includes either temporary or permanent total or partial disability benefits. 

Workers’ compensation also covers survivor benefits for the family of a person who dies as a result of a work-related accident or illness.

Can you file a lawsuit for a Montana mining injury or wrongful death?

That depends. 

Workers’ compensation is an exclusive remedy. That means you are not permitted to file a personal injury or wrongful death lawsuit against your employer for a work-related injury. You must use the workers’ compensation system. While this sounds like it’s restrictive for the injured worker, there’s a huge benefit, too—a workers’ comp claim is not based on negligence. You don’t have to prove that your employer was negligent to receive compensation. It’s no-fault insurance to which the worker is entitled regardless of how the accident happened (unless the worker or someone else was breaking a law at the time). 

But as is common in the law, there’s an exception. 

If the injury was caused by the negligence of a person or entity other than your employer, then you could file a third-party lawsuit. For example, if your employer is a contractor working in a mine but conditions in the mine resulted in an injury (or in a loved one’s wrongful death), then you might have a claim against the owner of the mine if there was negligence related to the working conditions. Or, if the injury or death was caused by faulty equipment, you might have a claim against the manufacturer. 

Laws are straightforward and intended to be applied fairly and evenly, but some nuances might benefit you depending on the specific circumstances. If you’ve been injured or suffered an illness as a result of your job as a Montana miner—or if you’ve lost a loved one—there is help available.

The team at the Murphy Law Firm is experienced, knowledgeable, compassionate and ready to guide you through a Montana workers’ compensation claim, personal injury, or wrongful death lawsuit.