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Charleston, WV Construction Accident Lawyer
Construction industry workers face significant daily risks that can cause serious injuries, long-term disabilities, or even fatalities. If you have been injured in a construction accident in West Virginia or 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 helping you receive the compensation you deserve.
- How Our Construction Accident Attorneys in Charleston Can Help
- Can You Sue an Employer for a Construction Accident Injury in Charleston?
- What Types of Compensation Are Available?
- OSHA Protections and Rights for Construction Site Workers
- We Handle All Types of Construction Accident Cases
- Contact Warner Law Offices for Your Construction Accident Claim
How Our Construction Accident Attorneys in Charleston Can Help
At Warner Law Offices, we understand the laws and regulations governing West Virginia workplace accidents. If you’re facing 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 West Virginia’s statute of limitations for workplace accidents ticking on your claim, you must act fast to protect your rights and 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 build a compelling case on your behalf, we will do the following:
- Investigate the accident
- Gather evidence
- Interview witnesses
- Review records from the construction site
- Consult experts to bolster your case
We hold all responsible parties accountable for any negligence or wrongful actions that caused your accident. When you hire our law firm, our team will negotiate with the at-fault parties’ insurance companies to reach a just settlement that covers all your losses. Our lawyers will fight for your rights and seek compensation for your injuries.
For over 20 years, our dedicated team has helped injured West Virginians recover over $12 million in compensation. Our award-winning attorneys have the experience, skills, and knowledge to handle even the most complex personal injury cases. Our team seeks to level the playing field and pursue justice for our clients. Here’s what some of them had to say about our representation:
For a free consultation about your right to compensation in a construction accident case, call us at 304-909-7493 or contact us 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. But usually, you must file a workers’ compensation claim for any action against your employer.
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 vs. Third-Party Lawsuits
Picture this: You’re at work, balancing on a beam high above the ground. Suddenly, something gives way. In the blink of an eye, you’re injured and facing a mountain of medical bills. What now?
The construction industry is no stranger to workplace accidents. While hard hats and safety protocols help, they can’t prevent every mishap. That’s where workers’ compensation comes in—it’s meant to provide a safety net when things go south on the job.
Most employers must provide workers’ compensation insurance to cover workplace injuries. Workers’ compensation provides medical coverage and some wage replacement without having to prove anyone was at fault. In return, you generally can’t sue your employer directly. It’s an “exclusive remedy” system designed to get you back on your feet quickly. In West Virginia, your employer must act with “deliberate intention” to harm an employee to be held directly responsible.
However, while a lawsuit against your employer might be off-limits, you may be eligible to sue other third parties involved responsible for your accident, including the following:
- The manufacturer of a faulty ladder
- The company that improperly installed scaffolding
- The contractor or subcontractor who left debris for you to trip over
- The property owner who ignored safety hazards
These folks could be fair game for a lawsuit if they played a role in your injury. To hold a third party responsible, you must show:
- They owed you a duty of care, such as the duty to provide safe equipment
- They failed to perform that duty
- Their mistake led directly to your injury
- You suffered real harm as a result
It’s not always straightforward, but that’s where a good lawyer can make all the difference.
What Types of Compensation Are Available?
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 fair compensation you’re entitled to for your injury’s financial, physical, and emotional toll. You also may be eligible to receive punitive damages in limited cases.
Over the years, our dedicated team has recovered millions in fair compensation for injured West Virginians, including $12 million for a worker injured on the job. We offer personalized support and guidance during the legal process. We will update you on your case’s progress, address your concerns, and answer any questions you may have about your lawsuit.
OSHA Protections and Rights for Construction Site Workers
Occupational Safety and Health Administration regulations protect the safety and well-being of workers in all industries. Failure to comply with these regulations causes hazardous work conditions, puts workers at risk, and may prompt legal consequences.
The following are some of the most common OSHA regulation violations:
- Inadequate fall protection measures
- Failure to establish proper hazard communication
- Inadequate scaffolding safety
- Failure to provide respiratory protection
- Ignored electrical hazards
- Failure to provide personal protective equipment
Unfortunately, many of these accidents result in death. OSHA has identified the “Fatal Four”— the four most common causes of fatalities in the construction industry. They are the following:
- Falls at work
- Getting struck by a falling object
- Electrocutions
- Getting caught between objects
Those who violate OSHA regulations may face penalties and fines and be required to take corrective actions. To protect workers, all parties involved in the construction industry must prioritize workplace safety and ensure compliance with OSHA regulations.
Evidence of OSHA violations can be used to bolster liability claims in personal injury lawsuits against responsible third parties, such as construction companies, contractors, and subcontractors.
Regulation Updates and What They Mean for Workers
Some federal regulatory agencies have taken measures to improve workplace safety and conditions for construction workers. Major highlights of the new regulations include the following:
- The Mine and Safety Health Administration issued a final rule protecting construction workers in mines from silica exposure.
- OSHA has issued a national emphasis program to enhance enforcement in areas of concern, including falls from working from heights in construction.
- All workers, including construction workers, have the right to choose their own representation during OSHA inspections, which levels the playing field with employers.
Contact us if you have questions about how these regulatory updates may impact your claim.
We Handle All Types of Construction Accident Cases
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 anytime, especially if proper steps are not taken to prevent them on the job.
The attorneys at Warner Law Offices have handled claims stemming from various types of construction accidents, such as the following:
- Falls are a common hazard for workers at elevated positions on roofs, scaffolding, ladders, or elevated platforms. These incidents often arise 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 may 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.
If you have been injured in any construction accident, our dedicated legal team can help you understand your options and pursue compensation. We are committed to holding negligent parties accountable.
"Three things I would never do on a job site based on my 25-plus years of handling severe work-related injury cases: Number one, if you're required to work at elevated heights, make sure you have some form of fall protection, either a safety line, a safety harness or perhaps some sort of a railing system. Number two, if you're working around combustible materials, do not smoke cigarettes, and do not let people around you smoke cigarettes. And don't allow people to do things that will cause sparks. We've had many cases—explosion cases—caused by such simple things as somebody lighting up at work. Number three—and this is a trend—don't wear headphones if you're on a construction site. You can't hear vehicles backing up. You can't hear someone warning you or yelling at you. So make sure you don't listen to music on an active job site."
Contact Warner Law Offices for Your Construction Accident Claim
Have you been injured on the job? Warner Law Offices can help. For your free consultation, contact us online or call our office at 304-345-6789.
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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.
Call us 304-345-6789 or
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