Accident claims solicitors will represent trapped miners

Antonia Torr, Legal Editor

During a time when moral support could not be wanted more, Edgardo Reynoso stood with the families of trapped miners and promised justice.

In a temporary Red Cross shelter near the San José mine, Edgardo Reynoso, a lawyer, pledged that justice would be delivered and compensation would be paid for the trauma that the 33 trapped men and their families.

“I am absolutely sure that we will win,” Mr Reynoso said. “There has been a huge violation of the safety rules and regulations of the mines. The damage to these men has been enormous.”

Edgardo Reynoso is a Chilean industrial lawyer who has a proven track record in securing compenasation claims. As a result, Mr Reynoso is looking to represent 27 of the 33 miners in a criminal and civil action. As it stands papers have already been filed in the criminal case and the court is still waiting to hear his submissions with regard to the civil action.

Chile has a long history of mining, but has never seen a legal case such as this before. Generally, the lawsuits that are brought against mining companies regard the loss of life or limb. But this case differs from this by claiming for psychological damage that the men would have suffered while trapped under the ground. This psychological damage could also have brought their mining careers to an abrupt and premature end.

“This case represents legal history in this country so there are no parameters or precedent when it comes to financial awards,” Mr Reynoso said. “First we have to wait for the men to be rescued alive but it is likely that they will leave the mine with huge psychological damage. The damage they have already suffered and the possible damage that could occur in the next three or four months 700 metres (2,300ft) below the earth will be extremely serious.”

While the rescue operation began yesterday, the miners still face up to four months inside the mine. The Health Minister, Jaime Mañalich says that the concerns for the miners short term mental health had eased but it is not sure what the long-term impact might be.

The cases themselves, both the criminal and civil, are going to be brought jointly against the Government and San Esteban Primera mining company.

“The central tenet of our case is that the safety rules for miners cannot be enforced partially,” Mr Reynoso said. “The company was not prepared and the state should have budgeted the necessary funds to make sure the regulations were followed.”

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