Charleston, WV Construction Accident Lawyer
Construction industry workers face significant daily risks that can lead to serious injuries, long-term disabilities, or even fatalities. If you are in the unfortunate situation of dealing with an injury from a construction accident in West Virginia or its surrounding areas, you may have legal options beyond a standard worker’s compensation claim. You may be entitled to seek additional compensation for your injuries and financial losses.
Contact an experienced Charleston construction accident lawyer to explore your available options. At Warner Law Offices, PLLC, our top-rated attorneys are committed to fighting for your rights and ensuring you receive the compensation you deserve.
- How Warner Law Offices Can Help
- Can You Sue an Employer for a Construction Accident Injury in Charleston?
- What Types of Compensation Are Available?
- Common Construction Accidents
- OSHA Construction Site Safety Measures
- Common Construction Accident Injuries
- Contact Warner Law Offices for Your Construction Accident Claim
How Warner Law Offices Can Help
At Warner Law Offices, we understand the laws and regulations pertaining to workplace accidents in West Virginia. If you’re dealing with the aftermath of a construction-related injury, our attorneys can provide you with the legal assistance and representation you need for your personal injury case. With the West Virginia’s statute of limitations for workplace accidents ticking on your claim, you must act fast to protect your rights and have an opportunity to seek compensation.
We have skilled Charleston construction accident lawyers ready to assist with your case. Our law firm will conduct a comprehensive investigation to collect evidence of your construction accident. To construct a compelling case on your behalf, we will:
- Analyze the accident site
- Speak with witnesses
- Review records from the construction site
We ensure all responsible parties are held accountable for any negligence or wrongful actions that led to your accident. When you hire our law firm, our team will also handle all the negotiations and bargaining with the insurance company. The lawyers at Warner Law Offices, PLLC will protect your rights and seek compensation for your injuries.
For a free consultation about your right to compensation in a construction accident case, call us at 304-345-6789 or contact Warner Law Offices, PLLC online.
Can You Sue an Employer for a Construction Accident Injury in Charleston?
Under some circumstances, you can take legal action against your employer for injuries sustained in a construction accident. Usually, you must file a workers’ compensation claim for any action against your employer.
However, other parties on construction sites may be responsible for workers’ injuries. In those cases, you can pursue a third-party personal injury lawsuit in West Virginia.
Workers' Compensation
Most employers must provide workers’ compensation insurance to cover workplace injuries. This system benefits injured employees, regardless of who is at fault. In most cases, you cannot directly sue your employer but must file a workers’ compensation claim to receive benefits, such as medical expenses and lost wages.
The workers’ compensation system operates under the “exclusive remedy” principle, meaning that if workers’ compensation covers you, your ability to sue your employer for a construction accident injury may be limited. In those cases, workers’ compensation benefits are the sole remedy from your employer for your injuries. However, in West Virginia, there is an exception for cases where the employer acts with “deliberate intention” to harm an employee.
Third-Party Lawsuits
Even if you cannot sue your employer directly, you may still be able to file a lawsuit against third parties responsible for your construction accident injuries, including the following:
- Contractors
- Subcontractors
- Property owners
- Equipment manufacturers
These parties may not be your direct employer but bear responsibility if they contributed to the accident. Third-party lawsuits enable you to seek compensation beyond what workers’ compensation covers.
What Types of Compensation Are Available?
At Warner Law Offices, we’ll evaluate the damages you’ve suffered, including the following:
- Medical bills
- Rehabilitation and therapy
- Other future medical expenses
- Lost wages and future income
- Emotional distress
- Pain and suffering.
We aim to help you get the maximum compensation you’re entitled to for your injury’s financial, physical, and emotional toll. You may also be eligible to receive punitive damages in limited cases.
Warner Law Offices offers personalized support and guidance during the legal process. We will keep you updated on the progress of your case, address your concerns, and answer any questions you may have about your lawsuit.
Common Construction Accidents
Construction sites have numerous hazards that cause accidents. According to data from the Bureau of Labor Statistics, the construction industry has the second-highest risk of injuries on the job. Accidents can occur at any time, especially if the proper steps are not taken to prevent them on the job.
The following are some common causes of construction accidents:
- Falls are a common hazard for workers at elevated positions on roofs, scaffolding, ladders, or elevated platforms. These incidents often result from inadequate fall protection, improper use of safety equipment, or insufficient safety training.
- Falling objects, debris, or moving vehicles can injure workers on construction sites.
- Heavy machinery and equipment can injure workers who use them without proper training, maintenance, or adherence to safety protocols.
- Electrocution hazards arise from contact with live wires, improper grounding, faulty equipment, or unsafe electrical work on construction sites.
- Accidents in trenches or excavations include cave-ins, collapses, or being buried under soil or materials due to inadequate shoring, sloping, or protective systems.
- Flammable materials, welding operations, or inadequate fire prevention measures on construction sites may lead to fires and explosions due to negligence or faulty systems.
- Toxic chemicals, such as asbestos, silica dust, or fumes, can harm exposed workers. Improper handling, storage, or lack of protective measures can result in respiratory issues, chemical burns, or long-term health problems.
- Weak or improperly constructed structures often collapse, causing severe injuries or fatalities due to inadequate support, design flaws, or poor construction practices.
- Physically demanding tasks, repetitive motions, or improper lifting techniques lead to overexertion, musculoskeletal injuries, strains, or sprains among construction workers.
- Insufficient safety training, inadequate supervision, or failure to enforce safety protocols increase the risk of construction accidents.
OSHA Construction Site Safety Measures
Occupational Safety and Health Administration regulations are in place to protect the safety and well-being of workers in all industries. Failing to comply with these regulations leads to hazardous work conditions, puts workers at risk, and may lead to legal consequences. The following are some of the most common OSHA regulation violations:
- Lacking fall protection measures
- Neglecting to establish proper hazard communication
- Inadequate scaffolding safety
- Failing to provide respiratory protection
- Ignoring electrical hazards
- Failing to provide personal protective equipment
Unfortunately, many of these accidents lead to death. OSHA has identified four common causes of fatalities in the construction industry, known as the “Fatal Four.” These are:
- Falls at work
- Getting struck by an object
- Electrocutions
- Getting caught between objects
Those violating OSHA regulations may face penalties, fines, and mandated corrective actions. All parties involved in the construction industry must prioritize workplace safety and ensure compliance with OSHA regulations to protect workers.
Violations of OSHA regulations by third parties such as construction companies, contractors, and subcontractors might provide critical support for liability claims in personal injury lawsuits.
Common Construction Accident Injuries
Construction incidents cause severe injuries with long-term consequences, even if they do not always lead to fatalities. The injuries commonly seen in construction include the following:
- Spinal cord injuries
- Traumatic brain injuries
- Broken or dislocated bones
- Amputations
- Stress-related injuries
- Hearing and vision loss
- Respiratory problems
In any of these situations, you will want the guidance of a construction accident attorney who specializes in these incidents. They will evaluate your case’s specific circumstances and determine the type of compensation you are eligible for.
Contact Warner Law Offices for Your Construction Accident Claim
If you need help with legal issues related to construction accidents or any other personal injury claim, you can rely on Warner Law Offices. One of our skilled Charleston construction accident lawyers will evaluate your situation, offer guidance, and advocate for you. We’ll also help you navigate the complex legal system and work toward getting you the compensation you deserve.
For a free consultation, contact Warner Law Offices, PLLC today.
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Bobby has received many accolades throughout the years from both his peers in the legal community, as well as the media. The National Trial Lawyers association named Bobby a Top 100 Trial Lawyer and he has been selected as a Member of the Nation’s Top One Percent. Additionally, he has been named a Best Attorneys of America by Rue Ratings, which also named Warner Law Offices to its Best Law Firms of America.
We represent clients across West Virginia and surrounding areas, providing compassionate client service and relentless advocacy in and out of the courtroom.
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