Complaints for Compensation

A complaint for compensation may be filed with the Commission by miners entitled to compensation when a mine is closed by certain withdrawal orders issued by MSHA. The purpose of the proceeding is to determine the amount of compensation, if any, due miners idled by the orders. The complaint must be filed within 90 days after the beginning of the period during which the miners are idled. The complaint must include a summary of the facts giving rise to the claim, the period for which compensation is claimed, the total amount of compensation claimed, and a copy of the order closing the mine. The complaint should be mailed to the operator of the mine, and the Commission.

The following chart summarizes the procedures when a complaint for compensation is filed. All references to Commission rules are to 29 C.F.R. Part 2700.

COMPLAINTS FOR COMPENSATION

1. A complaint for compensation must be filed within 90 days after the beginning of the period during which miners are idled, or would have been idled, by an order closing the mine.
   
   
2. The complaint must include a statement of the facts giving rise to the claim including the period for which compensation is claimed; the total amount of compensation claimed; and a copy of the order of withdrawal or the text of the order.
   
   
3. Within 30 days of service of the complaint for compensation, the operator must file an answer responding to the complaint allegations.