Slip and Fall at Work Lawyer in Charleston, WV

We often think of slip and fall accidents affecting shoppers or visitors at a business. Yet slips, trips, and falls can also affect workers in all kinds of industries. A major slip or fall could cause catastrophic injuries that may require long recovery periods and extensive medical care. If you’re a hurt worker who needs help with workers’ comp or filing an injury claim, we can help.

Founded in 2000, Warner Law Offices, PLLC has won millions on behalf of our clients. Attorney Bobby Warner and his team support hard-working people all over the state of West Virginia. Our goal is to make sure you can recover with strength and peace of mind.

If you were injured at work, let us help you. For a free case review with our workplace slip, trip, and fall lawyers in Charleston, WV, contact our law firm today. You can also reach our office serving all of Kanawha County by calling (304) 345-6789.

Table of Contents

Understanding On-the-Job Slip, Trip, and Fall Accidents

Slips, trips, and falls can happen to workers all over Kanawha County. In fact, falls are among OSHA’s Focus Four, which are the leading causes of fatal accidents in the construction industry. 

Yet slips, trips, and falls are not exclusive to construction or industrial workers. Chefs and line cooks could lose their footing because of loose mats in a kitchen. Nurses and doctors may slip on a wet floor in a hospital. Employees stocking shelves at a grocery store might trip over inventory left in an aisle.

When workers in Charleston are injured in slip, trip, or fall accidents, our lawyers are ready to lend a helping hand.

What to Do If You Slip and Fall at Your Workplace

After an on-the-job accident in Charleston, you should follow these four steps:

  • Adhere to Company Procedure: If your workplace has certain protocols to follow after an employee is injured, be sure to follow these procedures closely.
  • Report the Accident: Tell your supervisor or employer about the accident immediately. Provide this accident notification in writing and keep a copy for your records.
  • Get Medical Attention: See a doctor even if you seem fine following the workplace injury. The full extent of your injuries may not be apparent until later.
  • Document Everything: Take videos and pictures of your injuries and the accident site. Write down the names of any co-workers or bystanders who witnessed what happened.

Following these steps can help you avoid issues when applying for workers’ comp or filing a third-party claim.

Deadline to File a Workers’ Compensation Claim in West Virginia

Many workers have just six months from the date of an on-the-job injury to file for workers’ compensation benefits. Missing this six-month deadline could prevent you from collecting workers’ comp while you are healing.

If you need any assistance or have questions about workers’ comp after a slip, trip, or fall at work, our Charleston accident attorneys can help.

Deadline to File a Third-Party Claim in West Virginia

In West Virginia, there is a two-year deadline to file a third-party personal injury claim. Once that statute of limitations has expired, you will no longer be able to file a legal claim.

Keep in mind that there are some exceptions to the two-year deadline depending on what happened at the workplace and the parties involved. This is why it’s best to contact a Charleston slip, trip, and fall attorney as soon as possible after your on-the-job accident.

Why Choose Our Law Firm for Your On-the-Job Slip and Fall Claim

Many lawyers in Kanawha County represent employees after accidents, but Warner Law Offices, PLLC has earned the trust of workers all over the state of West Virginia. Here are some reasons why:

  • We Help Injured Workers Feel Supported: Our attorneys were born and raised here in West Virginia. We know the struggles that working people deal with each day. Our lawyers will ensure you get the answers you’re looking for and the support you need during a difficult time.
  • We Know How to Negotiate from a Place of Strength: Getting workers’ comp benefits and filing claims with insurance companies can be time-consuming and complicated. Our lawyers take the hassle off your hands, using our knowledge to keep things moving on time and get you the compensation you deserve.
  • We Work on a Contingency Fee Basis: Warner Law Offices, PLLC works on a contingency fee basis. This means clients only pay us if we win. If we don’t secure compensation or win in court for your workplace accident, you don’t have to pay.

Contact Our Charleston Law Office for a Free Consultation

Don’t delay. If you were injured in a slip and fall accident while on the job in Charleston, our lawyers are ready to help. For a free case review, contact Warner Law Offices, PLLC.

Why Workplace Slip, Trip, and Fall Accidents Happen

There are different potential causes for workplace slip, trip, and fall accidents. The Huntington injury attorneys at Warner Law Offices, PLLC can help with all kinds of situations. Below are just a few potential causes of on-the-job slips and falls.

Wet, Dusty, and Slippery Floors

Wet and slippery floors can cause serious slips and falls for even cautious employees. Footing and traction can similarly be affected by sawdust, powders, and other kinds of small debris.

Obstacles That Cause a Tripping Hazard

In addition to wet floors, extension cords, tools and equipment, and other objects or obstacles in a workplace could pose a tripping or falling hazard to employees.

Loose Floor Coverings and Mats

When mats, carpets, and other kinds of floor coverings are loose or improperly placed, it could create slipping or tripping hazards for workers. It’s important to check the grip these floor covers have to prevent accidents.

Uneven Flooring

Even and consistent floor surfaces help ensure worker safety. If portions of the floor are not level or there is a missing paver or tile, it could lead to an employee losing their footing and suffering a fall.

Improper Footwear

Workplaces should have certain policies in place regarding footwear, especially if there are risks related to traction, slipping, and potential injuries to the feet.

Lack of Sufficient Lighting

Dim hallways or broken lights in well-trafficked parts of a workplace could increase the risk of slips, trips, and falls. Without proper lighting, a worker may not be aware of a wet floor or a tripping hazard.

Unsecured Ladders

Whenever workers use a ladder, it’s important that it is properly secured to the floor or held by a co-worker. When ladders are not secured or used in an unsafe way, employees could suffer serious falls.

Lack of Guardrails and Toe Boards

Whenever workers are near a ledge, there should ideally be guardrails and toe boards (kickplates) in place. The safety rails help workers avoid falls, while toe boards prevent accident steps over a ledge and dropping objects from a height.

Insufficient Fall Protection

In addition to safety rails, workplaces should have other forms of fall protection, such as safety harnesses, anchor points, safety nets, and warning systems. A lack of these safety measures could endanger employees.

Icy and Poor Weather Conditions

Employees who work outdoors in Cabell County or Wayne County may have to deal with rain, snow, and heavy winds, which could cause slips and falls. The moisture outdoors could also drip from boots and work clothes while employees are indoors, which can also lead to slips and falls.

Potential Injuries from an On-the-Job Slip and Fall Accident

Major physical trauma is possible when someone slips, trips, or falls while on the job. Some common injuries in these kinds of workplace accidents include:

  • Fractured Bones: Major falls could cause broken ribs, fractured limbs, and significant joint damage.
  • Back and Neck Injuries: Your neck or parts of your back could be seriously injured depending on how you land.
  • Spinal Cord Injuries (SCI): Damage to the spine can cause partial paralysis, paraplegia, or quadriplegia (tetraplegia).
  • Traumatic Brain Injuries (TBI): Concussions and other forms of head trauma from a fall could affect your memory, motor skills, cognition, and mental health.
  • Loss of Limbs: Some falls can damage a limb so severely that doctors have to amputate the limb.
  • Trauma to Internal Organs: The impact from a fall could cause injuries to the liver, kidneys, lungs, and other vital organs.

Workers’ Comp Benefits After a Slip and Fall

Many workers injured in a workplace slip and fall will be eligible for workers’ compensation benefits. These benefits will help cover lost wages and medical expenses while you heal from your injuries.

The exact amount you receive in workers’ compensation and the duration of coverage will vary based on your pre-injury earnings and the severity of your injuries, but many workers receive up to two-thirds of their weekly income.

Not everyone who applies for workers’ compensation receives their benefits on their first attempt. If you need to appeal a denied claim or run into any other hurdles, the team at Warner Law Offices, PLLC can provide insight and guidance. We want to help you recover with dignity and confidence.

Can I Sue My Employer If They Caused My Accident?

Yes, it’s possible to sue your employer for causing your workplace slip and fall accident, but if you take legal action, you would not be able to receive workers’ compensation benefits.

Situations When You May Be Able to Sue Your Employer

In some cases, you would need to prove that your employer deliberately intended to cause your injuries. Proving deliberate intent involves a difficult legal standard that most workplace slip, trip, and fall accidents do not meet.

Your employment status could also affect this decision. Full-time employees may be more cautious about taking legal action because they’re eligible for workers’ compensation benefits. Independent contractors and other types of workers may want to consider filing a lawsuit against the company after suffering an injury at work.

Why You Need a Workplace Injury Lawyer on Your Side

Situations like these are why it’s important to speak with our workplace slip and fall lawyers here in Charleston. Our attorneys can carefully review what happened to you and let you know when to sue your employer for an on-the-job injury and when to pursue workers’ comp benefits and consider other options for compensation.

Who Can File a Third-Party Workplace Slip and Fall Claim?

You can file a third-party claim after a slip and fall accident if someone other than your employer or a co-worker was responsible for what happened.

As an example, say that you were working on a construction project in Kanawha County. You were wearing a harness, and proper fall protection was in place. Even though the worksite followed proper safety measures, you fell accidentally, and your safety harness failed catastrophically. In this situation, you may be able to file a third-party claim against the maker of the safety harness for putting a defective product on the market.

Our on-the-job slip, trip, and fall attorneys in Charleston will carefully review the details of your case and let you know if you’re eligible to pursue a third-party claim.

Compensation in a Third-Party Slip and Fall Case

Damages for an on-the-job slip and fall will help in your recovery from your injuries. These often include a mix of economic damages and non-economic damages. In addition, these legal damages can supplement your workers’ comp benefits.

The attorneys at our Charleston law office will help you understand how much your third-party claim is worth by reviewing your bills, changes in your finances, and how your injuries have affected your life.

Economic Damages in Third-Party Injury Cases

Economic damages compensate injured workers for the calculable losses related to an on-the-job accident. This includes: 

  • Emergency medical care and hospitalization
  • Current and ongoing medical needs
  • Physical rehabilitation and occupational therapy
  • Use of assistive devices after the injury
  • Damage to any personal property in a slip, trip, or fall
  • Loss of income and wages while recovering
  • Reduced future earning potential due to disability
  • Home renovations and other disability accommodations

Non-Economic Damages in Third-Party Injury Cases

Non-economic damages compensate injured workers for losses that aren’t as easy to calculate. This includes:

  • Pain and suffering
  • Mental anguish
  • Emotional distress
  • Diminished quality of life

Options for Families After Fatal On-the-Job Accidents

If you’ve lost a loved one in a fatal fall, you have our deepest condolences. When you are ready to share what happened, our attorneys in Charleston can discuss different options for compensation.

Spouses, children, and other dependents may be eligible for death benefits. These benefits can help with funeral expenses and loss of income. Our lawyers can also discuss the potential for a third-party wrongful death claim depending on what happened.

Spouses, children, and other dependents may be able to apply for death benefits. These benefits can cover funeral costs and loss of income. Depending on the nature of the incident, our attorneys can also review the potential for a third-party wrongful death claim.

Contact Our Charleston Workplace Slip and Fall Accident Attorneys

Kanawha County workers can trust our attorneys to be strong advocates. Whether negotiating a settlement, seeking workers’ comp after being denied, or representing you in a third-party injury claim, we are on your side. To request a free consultation with our on-the-job slip and fall accident attorneys in Charleston, contact our law office today. You can also call Warner Law Offices, PLLC at (304) 345-6789.