Workplace Accident Lawyers in West Virginia
Free Consultations for the Injured in Charleston
Workers are injured every day in the mines, factories, oil and gas fields, and construction sites of West Virginia. Any job that involves extensive manual labor is potentially dangerous because of the opportunities to fall, be struck by an object, or induce a repetitive stress injury. If you or someone in your family has been injured in the workplace, the experienced attorneys at Warner Law Offices, PLLC are here to help. We offer free consultations and dependable advice about your legal alternatives.
We handle claims related to:
- Injuries related to oil, gas, and mining
- Chemical exposure
- Cave-ins and trench collapses
- Conveyor belt accidents
- Roof falls
- Work accidents resulting in death
- Other falls in the workplace
We represent workers in all West Virginia industries, from mining and logging to commercial construction, freight hauling, or railroad work. We also represent employees in workplace rights cases when the employer terminates or disciplines an employee for filing a workers’ comp claim.
Work Injury Claims We Handle
People can acquire serious and painful injuries in any work environment and for a variety of reasons. With over 20 years of experience as a firm, we’ve handled all kinds of cases for workers in need.
Some of the claims we handle include:
- Cave-in accidents
- Chemical exposure
- Construction accidents
- Conveyor belt accidents
- Deliberate intent/Mandolidis claims
- Falls at work
- Forklift accidents
- Logging accidents
- Railroad construction accidents
- Roof falls
- Scaffolding accidents
Work Injury Claims Vs. Workers’ Comp Claims
Filing a work injury claim against a party is different from filing for workers’ comp benefits. In West Virginia, nearly all employers are required to carry workers’ compensation insurance to provide injured workers coverage for medical bills, disability payments, missed wages, and funeral costs. Filing for benefits with your employer is relatively straightforward, but it’s important to know that once you file your application, you lose your right to sue your employer for compensation down the line. In contrast, a person may want to file a work injury claim if they were harmed by a third party.
Injured employees often assume that their rights to financial recovery in a workplace accident are limited to the benefits payable in a workers’ compensation claim. While many employees cannot sue an employer for personal injury damages, these employees can often collect both workers’ comp benefits and personal injury damages for injuries suffered in the same job-related accident.
Examples of these situations are as follows:
- A factory worker is hurt by defective machinery or safety equipment
- A commercial driver is injured in an accident caused by another motorist
- A home repair or utility employee is injured by dangerous property conditions
- An employee is injured due to the employer’s deliberate intent or gross disregard for safety
- A construction worker is injured by the negligence of a different subcontractor’s employee
Because of the limited benefits payable under a workers’ comp claim, it is in your interest to see whether the more complete range of money damages allowed in a personal injury lawsuit is available. Our experienced attorneys can advise you whether to file a personal injury lawsuit against your employer or another defendant, even while your workers’ compensation application is being processed.
What to Do After a Workplace Accident
After a workplace injury, you may not know the next steps you should take. You want to stay in your employer’s good graces, but you may also need to seek compensation for your medical bills and lost wages. Fortunately, the attorneys at Warner Law Offices, PLLC can guide you through the steps you should follow if you suffer an injury at work.
Report your accident
First, you should report the accident to your supervisor. The sooner you report it, the better. Once you report an injury, your employer must report it to the Workers’ Compensation Commission.
Seek medical care
You should seek medical treatment immediately after an injury. If necessary, contact an ambulance to take you to the emergency room.
Document your case
Keep a written record of any expenses related to your injury. These could include medical care, gas mileage driving to and from medical appointments, and wages you lose due to treatment.
File a workers’ comp claim, if applicable
You will have six months to file a workers’ compensation claim with the Offices of the Insurance Commissioner. The sooner you file your claim, the sooner you may receive your benefits.
Consider other compensation
If you suffered a catastrophic injury at work, you could receive compensation beyond what workers’ comp will pay. Your employer may say that worker’s comp is your only option, but this is not true in many cases. By filing a personal injury lawsuit, you could receive additional compensation. Filing a claim may also be your only option if you were injured by a third party.
Consult an attorney
Don’t give up your rights without speaking to a lawyer. Warner Law Offices, PLLC offers a free case evaluation to determine if you have the right to sue the party that caused your injury. Don’t sign anything or make a recorded statement without legal advice.
How Much Time Do I Have to File a Claim?
You have a limited amount of time to file a claim for benefits after suffering an on-the-job injury. In West Virginia, workers’ comp claims must be filed within six months from the date of injury with proof that the injury was sustained while at work or engaged in a work-related activity.
Do not allow the statute of limitations to run before protecting your right to compensation. We can ensure that your claim meets every deadline with the court, as well as collect the evidence you need to prove your injury was work-related. Some employers and insurance companies undermine claims or deny them altogether—we can ensure that you have the best chance of recovering the benefits you deserve.