From Deseret News archives:

How much is a miner's life worth?

Death benefits for Crandall Canyon victims are pittance

Published: Sunday, Nov. 4, 2007 12:08 a.m. MDT
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The Crandall Canyon Mine disaster killed six miners plus three men trying to rescue them. So how much in death benefits do such disasters cost mine owners — or their insurance companies?

Not much — as little as $8,000 for miners who had no dependents and up to $176,000 or so (paid over the first six years) for those who did have dependents.

And that's in an era when even spilled McDonald's coffee or crude remarks by an NBA basketball coach have brought millions of dollars in jury awards.

Death benefits are limited by the workers compensation insurance program established by state legislatures, but payments from the program begin quickly and without the need of lawsuits to prove fault.

As long as mine owners (or any business owners) keep up with insurance premiums in that mandatory program, they by law cannot be sued by victims' families — unless the employer intentionally caused the harm.

"Some of those miners were making $80,000 a year, so that compensation really isn't much for their families," says attorney Colin P. King, who represents most of the Crandall Canyon Mine victim families. "It doesn't come close to covering their true losses."

Some also say the system gives little real financial incentive for mine operators to improve safety, since that might cost more than would the increases in premiums for workmans compensation insurance from accidents.

"As dangerous as the industry is ..., there ought to be a mechanism for more significant compensation to injured miners and the families of miners who have been killed to get attention" for improved safety, says Ted Schmidt, a Tucson, Ariz., lawyer who has been involved in lawsuits against mining equipment manufacturers, since mine operators themselves are usually off-limits.

'No fault'

Workers compensation systems began about a century ago.

"It was an Industrial Revolution-era idea. Back then, workers were hurt all the time and brought civil suits. It was costly for everyone, and workers often were not compensated anyway," said Dennis Lloyd, senior vice president of the quasi-public Workers Compensation Fund of Utah insurance company.

"The compromise was to have this insurance (to pay medical bills and death benefits). It was a no-fault system. It paid if an accident was the fault of the worker or the employer. But the employer could not be sued for the accident," he said.

The Utah Labor Commission sets what benefits must be paid. Employers with even one part-time employee generally must participate by law, buying workers compensation insurance through a private company, the Workers Compensation Fund or by setting up funds to self-insure.

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