Workplace injury is an increasingly important issue in Illinois and across the Midwest, as illustrated by the 2010 Upper Big Branch coal mining accident. A national tragedy, the fatal accident has people asking how these kinds of injuries and fatalities can happen at the workplace.

After days spent in emotionally charged mediation sessions, all 29 families of the workers killed in the mining explosion have tentatively agreed to settlements with the mine owner. The agreements include a non-disclosure clause that prohibits the parties from sharing the details with the public. The negotiated settlement also included compensation for the seven miners who were injured in the underground explosion but survived.

The company paid the families of the dead on wrongful death claims. A wrongful death claim is a civil court matter in which families of the victims can sue for monetary damages. A wrongful death claim in civil court does not carry any criminal penalties or liability, even if the company is found to have been the cause of the death. Reportedly, the company worked out a separate arrangement with the Justice Department to avoid criminal penalties by guaranteeing at least $1.5 million for each family that lost a loved one in the disaster.

Illustrating how money can never truly compensate a family for the death of a loved one, one of the attorneys for the families commented that the settlement gives the families peace of mind and financial security, but that justice may not be fully achieved in this matter.

Source: NPR, "Update: Settlements Reached With Families Of W.Va. Miners," Howard Berkes, Jan. 10, 2012