West Virginia Workplace Accident Attorney
At West Law Firm, we have a successful track record of helping workers injured in West Virginia recover full and fair compensation for their losses. We work equally hard to make sure injured workers get the compensation they need and deserve while providing them excellent, caring service — the kind of service we would want for our families should they ever need a lawyer. Consistently providing each client excellent results and caring service has earned us top ratings on Google reviews and Facebook and has inspired many clients to write testimonials.
Our years of experience has taught us that recovering fair compensation after a West Virginia work accident can be very difficult, especially with out a skilled attorney. That is why it is important to contact an experienced work accident attorney as soon as possible after a workplace injury. Critical evidence can be lost or destroyed, and insurance adjusters and worker’s comp doctors will likely try to start building a case against you right away. Also, recent changes in West Virginia law also makes it difficult for injured workers to recover even fair WV workers’ compensation benefits, let alone the full value of their losses.
If you would like a free and confidential consultation with an experienced West Virginia workplace attorney, please call our toll free number at 1-877-943-9378(WEST).
Types of Work injury cases in WV
We handle almost all types of West Virginia workplace accident cases including the following:
- Coal Mining Accidents
- Natural Gas Well Drilling Accidents and Explosions
- 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.
Contact a West Virginia Work Injury 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 a West Virginia work accident lawyer, call us today at 1-877-943-9378. Our law firm is located in Charleston, West Virginia, but we represent clients located throughout the state and country.