According to a report late last week in the West Virginia Record legal journal, Tommy Blevins and attorney Stephen New filed suit in March in Boone Circuit Court.
He named Alpha Natural Resources Services as a defendant, as well as Independence Coal, Mountaineer Labor Solutions and Alpha Appalachia Services.
The mine was operated by Massey Energy at the time but Alpha took over all Massey mines in June 2011.
In his complaint, Blevins reportedly said he was ordered by foreman Jason Chambers to “cut excess strings off a bottom roller” at the Boone County mine where he was working.
His left arm and hand became caught in the belt roller.
Blevins noted that the belt line lacked the required emergency safety switches every five breaks and there had been other complaints about the issue.
While Blevins and another miner, Junior Ellis, that day indicated they “did not want to cut string on the belt while the belt was in operation”, the foreman allegedly told them to cut the strings while the belt was moving or go home.
The case documentation reportedly stated the “Massey defendants”, as Blevins referred to the group, failed to provide a safe work place.
While no monetary figures had been disclosed, the Record said the miner’s complaint sought a joint and several jury judgment against the defendants.
He is seeking damages in excess of the jurisdictional limit, plus all interest and litigation costs.
Judge William Thompson has been scheduled to preside over the case, formally known as 12-C-56, at a jury trial next March.