Ben M. McFarland
(304) 230-2337
Office: Wheeling
J.D. University of Toledo College of Law
B.A. Ohio University
Licensure: PA | WV
See Education


Ben McFarland concentrates his practice in litigation. He represents mining, construction, and general industry companies challenging enforcement actions taken by state and federal government agencies.  He also routinely handles accident investigations, often counseling clients from the onset of a workplace accident and throughout the entirety of the subsequent government agency investigation.  Mr. McFarland also handles a vast array of civil litigation matters, including legal malpractice, professional liability, premises liability, as well as real estate, construction, and insurance disputes.  He has represented clients in both state and federal courts throughout West Virginia, including matters of first impression before the Supreme Court of Appeals of West Virginia.  Prior to his legal career, Mr. McFarland gained first-hand experience in the construction industry through his employment as a journeyman ironworker, during which time he was involved in the construction of the Washington Convention Center in Washington, D.C., as well as additions and renovations to a coal-burning power plant in Ohio.

Work Experience

2016 Steptoe & Johnson PLLC
2005-2016 Jackson Kelly PLLC

Speaking Engagements

"Despite MSHA’s Contrary Position, Mobile Equipment Parked on a ‘Ready Line’ Does Not Necessarily Establish That it is “Ready” for Inspection for Purposes of the Mine Act," Aggregates Manager Magazine, Dec. 2013

"Ugly Decision in Black Beauty: Federal Mine Safety and Health Review Commission Approves Heightened Scrutiny, and Less Clarity, Over Proposed Settlements," Aggregates Manager Magazine, Dec. 2012

Key Experience

Defended multiple attorneys in various types of legal malpractice cases, including cases involving matters of first impression before the Supreme Court of Appeals of West Virginia
Represented large hospital in multi-million dollar insurance coverage dispute
Represented large coal, construction, and general industry companies in significant MSHA proceedings before federal administrative law judge

Memberships & Awards

Named, 2014-2017 Edition of West Virginia Super Lawyers® Rising Stars for Energy & Natural Resources Law
U.S. District Court, Northern District of West Virginia
U.S. District Court, Southern District of West Virginia
West Virginia Supreme Court of Appeals
Order of the Coif
Recipient of the Burton Maddock Memorial Scholarship