West Virginia Work Injury Lawyers
Experienced workplace accident attorneys — Charleston, WV
All West Virginia Employers have a duty to provide their workers a safe work environment. If an employer violated this duty and you were injured at work, you may be entitled to compensation above and beyond the small and often unfair benefits provided by the West Virginia worker’s compensation system. For example, if you were injured by a dangerous work condition that violated safety regulations or industry standards, you may also be entitled to recover money for losses not compensated by worker’s comp.
West Virginia’s worker’s compensation and work injury laws are complicated and often make it difficult for an injured worker to recover full and fair compensation for his or her injuries and losses. That’s why it is important to call a law firm with a successful track record as soon as possible after a work injury.
At West Law Firm, our work accident lawyers and legal staff have decades of combined experience helping people just like you get the compensation they deserve. We are also equally committed to providing each client excellent, personal service as many Google Reviews confirm.
For a free, no obligation consultation with a West Virginia industrial accident lawyer, we invite you to call our toll free number today at 1-877-943-WEST (1-877-943-9378). You don’t have to worry about whether you can afford a lawyer because there is never a fee unless and until we recover money for you.
Some of the reasons it’s important to call an experienced workplace accident law firm as soon as possible after a workplace injury include the fact that evidence needs to be preserved and your West Virginia workers’ comp insurance adjuster will likely start trying to build a case against you from the start. Having experienced lawyers on your side will help you protect your rights and understand your options.
West Law Firm is that law firm and more.
Our years of experience has taught us that recovering fair compensation after a West Virginia job-related injury can be very difficult, especially with out 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.
Types of Work injury cases in WV
We handle all types of West Virginia workplace accident cases including the following:
- Coal Mining Accidents
- Five Workers Injured in West Virginia Fracking Explosion at Antero Natural Gas Well Site
- Construction Site Accidents
- Falls at Work
- Burns and Explosions
- Crushed Limbs and Body
- Exposure to Toxic Substances
- Industrial Equipment and Machinery Accidents
- Occupational Lung Disease
- Defective Equipment, Including Defective Safety Equipment
- Failure to Follow Safety Rules
When Workers’ Compensation isn’t enough
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 additional claims when they are injured at work due to workplace safety violations. In some instances, a worker injured in West Virginia may have a claim against a landowner or the maker, seller, or distributor of defective equipment. Additionally, in limited circumstance an injured worker may have what is called a deliberate intent claim or a Mandolidis claim directly against their employer.
WV Work Injuries and “Deliberate Intent”
An employee injured in a West Virginia work related accident may be able to recover money damages above and beyond workers’ compensation benefits if he or she can establish a deliberate intent claim. An injured worker can prove a deliberate intent claim in one of two ways. Either (1) by showing his employer deliberately injured him or (2) by proving five statutory elements. This is much more difficult to prove than a typical West Virginia personal injury claim like one involving a car accident. That is why it is so important to contact an experienced West Virginia work injury lawyer as soon as possible after you have been injured at work.
The five statutory elements an injured worker must prove to win a deliberate intent claim as set forth in 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.
Contact a West Virginia Work Accident Lawyer
If you or a family member has been injured at work in West Virginia, West Law Firm can help. 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.