West Virginia Work Injury Lawyers
Experienced workplace and industrial accident attorneys in Charleston, WV
West Virginia employees have a right to a safe work environment in compliance with all safety rules and regulations. If you were injured at work – was it because of a dangerous work condition, negligence, defective machinery, or because your employer didn’t provide you protective equipment? If so, you may be entitled to more than workers’ compensation benefits, which are usually not enough.
Job-related injuries often lead to 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, 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 them with unpaid medical bills or worse — without the medical treatment they need. Therefore, usually the best way to protect your rights is to have an experienced work injury lawyer on your side.
At West Law Firm, our team of work accident lawyers and legal staff have decades of combined experience helping people just like you get the compensation they deserve and the medical care they need. As you can see in our Google Reviews and our clients’ testimonials, we have successfully recovered full and fair compensation for many injured West Virginians while providing them excellent, professional service.
Find out if you’re entitled to more than workers’ compensation
The best way to find out if you are entitled to more than West Virginia workers’ compensation benefits is to speak with a law firm experienced in winning West Virginia work injury cases. West Law Firm is that law firm and more. We also offer Free consultations and never recover a fee unless and until we get money for you. Call our toll free number today at 1-877-943-WEST (1-877-943-9378).
What’s the hurry?
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 you as little as possible. Evidence also needs to be preserved before it is lost or destroyed. Having work injury lawyers on your side from the start will help ensure your rights and options are protected.
Our years of experience has 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.
Do you have one of the following work injury cases?
We help West Virginians with all types of workplace injury cases, including the following:
- 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
- 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 and compensation when they are injured at work under certain circumstances. For example, a worker injured in West Virginia may have a separate negligence claim against a landowner or 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.
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 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.
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.