West Virginia Work Injury Lawyers
Experienced Work Accident Attorneys — Charleston, WV
By law, West Virginia employees have a right to a safe and healthy work environment. If you were injured at work by a dangerous work condition, West Law Firm can help.
Job-related injuries often lead to missed work and lost wages, unpaid hospital bills, pain, suffering, and out of pocket expenses. Workers’ comp will cover some of these losses, but not all of them. For example, as you may already know, West Virginia workers’ comp benefits will only pay a fraction of an injured worker’s lost wages. Workers’ comp adjusters also frequently deny the payment of medical treatment prescribed for injured workers, thus, leaving workers with unpaid medical bills or without the medical treatment they need.
That’s why West Law Firm is dedicated to helping injured West Virginia workers recover full and fair compensation for their losses, as our clients’ Reviews and testimonials say best. If you or a loved one has been injured or died at work, we invite you to call one of our experienced work injury attorneys today for a Free consultation. Our toll free number is 1-877-943-WEST (1-877-943-9378). There’s never a fee unless and until we recover money for you.
Are You Entitled to More than West Virginia Workers’ Compensation?
West Virginia Workers’ Compensation benefits are designed to provide temporary financial assistance to workers who are injured in work related accidents. However, these benefits are usually inadequate to support a family when the work injury is serious or involves a fatality.
Fortunately, West Virginia law provides workers and their families additional claims and compensation when they are injured at work under certain circumstances. For example, a worker injured in West Virginia may have a separate personal injury claim against a negligent landowner and/or against the maker, seller, or distributor of defective equipment. Additionally, when an employee is injured in West Virginia by a dangerous work condition that violates a safety rule, he or she may have what is called a deliberate intent claim or a Mandolidis claim.
Common Types of Work Injury Cases in West Virginia
West Virginia has a tough work force that frequently face some of the most difficult jobs in the world. Unfortunately, when employers put profit ahead of human life and safety, workers get hurt or killed. Below are some of types of work injury cases we frequently see:
- Coal Mining Accidents
- Natural Gas Mining and Transportation Injuries
- Construction Site Accidents
- Falls at Work
- Burns and Explosions
- Work related Auto Crashes
- Crushed Limbs and Body
- Exposure to Toxic Substances
- Trucking Accidents
- Industrial Equipment and Machinery Accidents
- Occupational Lung Disease
- Defective Equipment, Including Defective Safety Equipment
- Failure to Follow Safety Rules
WV Work Injuries and “Deliberate Intent”
Employees injured in West Virginia work related accidents may be able to recover money from their employers above and beyond workers’ compensation benefits under a number of circumstances, including if they can establish a deliberate intent claim or if their employer fails to maintain workers’ compensation insurance.
An injured worker can prove a deliberate intent claim in one of two ways: (1) by showing his employer deliberately injured him or (2) by proving five things (statutory elements). Thus, winning a work injury case is much more difficult than winning a typical personal injury case like those involving car accidents or slip and falls. That is why it’s so important to contact an experienced West Virginia work injury lawyer as soon as possible after a work injury.
Deliberate Intent Claims — Five Things Injured Workers Must Prove
To win a deliberate intent claim in West Virginia, an injured worker must prove five things — called statutory elements — required by West Virginia Code §23-4-2 are:
(A) That a specific unsafe working condition existed in the workplace which presented a high degree of risk and a strong probability of serious injury or death;
(B) That the employer, prior to the injury, had actual knowledge of the existence of the specific unsafe working condition and of the high degree of risk and the strong probability of serious injury or death presented by the specific unsafe working condition;
(C) That the specific unsafe working condition was a violation of a state or federal safety statute, rule or regulation, whether cited or not, or of a commonly accepted and well-known safety standard within the industry or business of the employer, as demonstrated by competent evidence of written standards or guidelines which reflect a consensus safety standard in the industry or business, which statute, rule, regulation or standard was specifically applicable to the particular work and working condition involved, as contrasted with a statute, rule, regulation or standard generally requiring safe workplaces, equipment or working conditions;
(D) That notwithstanding the existence of the facts set forth in subparagraphs (A) through (C), inclusive, of this paragraph, the employer nevertheless intentionally thereafter exposed an employee to the specific unsafe working condition; and
(E) That the employee exposed suffered serious compensable injury or compensable death as defined in section one, article four, chapter twenty-three whether a claim for benefits under this chapter is filed or not as a direct and proximate result of the specific unsafe working condition.
Work-Related Injuries and Deaths on the Rise in West Virginia
In West Virginia, there has been an increase in tragic workplace accidents and deaths, especially in the natural gas, coal and oil mining industries. For example, in 2013 a fracking tank fire in West Virginia seriously injured at least eight Antero workers, and gas drilling work-related deaths have nearly doubled in the past five years.
West Virginia workers have some of the most dangerous jobs in the world. Coal mines, Marcellus Shale gas drilling sites, and construction sites can be dangerous or deadly places to work unless laws and safety rules are rigorously followed. Unfortunately, corporations sometimes put profit over human life and safety. That’s why West Law Firm fiercely defends the rights of injured workers to make sure they get the compensation they deserve.
Time is of the Essence
Your West Virginia workers’ comp insurance adjuster will try to build a case against you from the start. It’s their job to maximize profits by paying injured workers as little as possible. Evidence also needs to be preserved before it is lost or destroyed. There are also time limits on how long you have to file a claim. There are different time limits for different claims. Having experienced work injury lawyers — like those at West Law Firm — on your side from the start will help ensure your rights and options are protected.
Our years of experience has also taught us that recovering fair compensation after a West Virginia job-related injury can be very difficult, especially without a lawyer experienced in litigating work-related injury lawsuits. That is why it is important to contact an experienced work injury lawyer like West Law Firm as soon as possible after a workplace injury.
Get a Free Case Evalution from a West Virginia Work Accident Lawyer
If you or a family member has been injured at work in West Virginia, we invite you to call us for a free consultation with one of our experienced West Virginia work accident lawyers. Call us today toll free at 1-877-943-WEST (1-877-943-9378). There’s never a fee unless and until we recover money for you. We are located in S. Charleston, West Virginia and serve clients throughout the country who have been injured in West Virginia. We will send a lawyer to you if it’s more convenient for you.