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Work Injury Lawyer in Charleston, WV
- Why We’re Top-Rated Work Injury Lawyers in West Virginia
- Small Firm, Big Results
- When Should I Hire an Experienced Work Injury Lawyer?
- Work Injury Claims Vs. Workers’ Compensation Claims
- Who Is Liable for My Workplace Accident?
- Get a Free Case Evaluation with an Award-Winning Work Injury Lawyer
- Meet Our Attorneys
Dealing with a workplace injury can be stressful and life-altering. Even if your injury is temporary, you must deal with missing work and reduced wages, covering medical costs, and recovering from your injuries. Workplace injuries can be traumatic and confusing when you are also trying to get reimbursement through workers’ compensation insurance. Work with an experienced work injury lawyer in Charleston, WV to get clarity on how to proceed.
The team at Warner Law Offices, PLLC fiercely fights for and delivers big results for our clients. When you hire us, our West Virginia attorneys provide you with knowledgeable, reliable, and compassionate service to help you find a way to recover your losses after a work injury. With more than 25 years of experience, our team knows how to navigate the legal complexities of these cases and secure the results you need the most.
Hire an Experienced Work Injury Lawyer to Represent You
Workplace injuries happen frequently, especially in dangerous jobs that involve manual labor or hazardous chemicals. When safety measures are insufficient or when various parties act negligently, a worker’s safety may be further endangered. Filing for workers’ compensation benefits often isn’t enough, and you may be asking if you can sue your employer if you get hurt at work.
Why You Need an On-the-Job Accident Attorney
After you’ve experienced a workplace injury, you need an experienced workplace accident lawyer to help guide you through the legal process. You may be facing accusations that you weren’t hurt on the job, or the insurance company may not give you the full payout you deserve. Whatever your industry, if you were injured on the job, an experienced workplace injury lawyer can review your case carefully.
How Our Work Accident Lawyers Can Help
Warner Law Offices, PLLC represents workers in all West Virginia industries, from mining and logging to commercial construction, freight hauling, or railroad work. We also represent employees in cases where the employer terminates or disciplines an employee for filing a workers’ comp claim.
Our firm offers a free initial consultation to get to know your case and provide knowledgeable legal advice and guidance to help you move forward.
We Handle a Variety of West Virginia Work Injuries
Warner Law Offices, PLLC handles work injury accidents across Charleston’s key industries. We leverage our legal knowledge of these nuanced industries to help secure the most favorable outcome for our clients. Below are some common types of accidents we can help you with:
- Coal Mining Accidents: Our lawyers can help you navigate the complexities of the mining industry and recover compensation for what are often extensive injuries.
- Oilfield Accidents: Oil and gas work are industries that involve volatile elements, complex work structures, and dangerous machinery. To protect your interests during the claim process, work with an experienced lawyer.
- Chemical Exposure: Workers throughout Charleston use and are exposed to a wide variety of highly toxic chemicals, which can cause serious illnesses that can prevent employees from working.
- Construction Accidents: Construction workers are exposed to heights, heavy machinery, dangerous tools, chemicals, and more. Our attorneys can help you determine who is at fault and what type of claim you can file.
- Electrical Injuries and Electrocution: Workers can be electrocuted when dealing with high voltages, faulty wiring, improper grounding, and more.
- Falls at the Workplace: Falls are one of the most common types of accidents across various industries, and can cause severe injury and death.
- Forklift Accidents: Accidents can occur when forklift drivers are negligent and do not exercise sufficient precautions.
- Logging Industry Accidents: The logging industry is highly dangerous for workers, given the heavy machinery used, the weight of the logs, and unstable earth.
- Railroad Construction Accidents: Our lawyers can help you navigate the unique considerations and legal processes associated with railroad accidents.
- Scaffolding Accidents: Heights, defective materials, and inadequate safety measures make scaffolding very dangerous for many workers. Scaffolding often leads to fall accidents and injuries, and a lawyer can help you determine who is at fault.
- Fracking Accidents: Workers in the fracking industry handle dangerous chemicals and heavy machinery that can lead to catastrophic injuries. Liability may be challenging in these cases, requiring the skilled hand of a lawyer.
Each of these accidents is highly nuanced based on the specifics of the industry and nature of the job. Claim type, liability, and compensation can be complicated, and it is recommended to work with an experienced lawyer to make sure you recover what you deserve.
Common Causes and Types of Accidents in the Workplace
Workplace injuries can come in many forms and happen within any industry. However, some workplaces may have a higher risk of injury than others. Many times, accidents arise because of negligence. Inadequate safety measures, workplace or environmental conditions, toxic exposure, and issues with heavy machinery or vehicles can contribute to dangers in the workplace.
While there are many factors that can contribute to these accidents, the majority of workplace accidents can be grouped into four categories. Below is a closer look at each one.
Falls
Slips, trips, and falls are common workplace accidents that affect employees. These accidents can happen because of slippery or uneven surfaces, poor safety procedures, and heights. These accidents can be serious and even result in fatalities. Construction, healthcare, nursing, and building cleaning and maintenance employees are at a particular risk of these accidents. Injuries from falls can be quite costly for victims and also result in a considerable amount of time away from work.
Struck-By Accidents
A struck-by accident occurs when a falling, flying, swinging, or rolling object collides with the body and causes injury. The force of impact can cause serious injuries or lead to other types of accidents. For example, an employee may suffer a fall if they are struck by an object while working up on scaffolding. Employees may suffer broken bones, brain or spine injuries, internal damage, and more. Wearing protective gear or ensuring safety protocols can help minimize these dangers.
Caught-In/Between Accidents
In a caught-in/between accident, workers may be crushed by heavy objects or get their limbs caught in machinery. These injuries can put excessive force on the body, cut off circulation, and cause other catastrophic injuries. Caught-in/between accidents may compromise a worker’s mobility, functions, and even their ability to return to work. These injuries often require extensive treatment, which may also be financially challenging for injured employees.
Electrical injuries
Electrical injuries are extremely dangerous for workers. Electricity that is not properly grounded, faulty or exposed wiring, and environmental conditions can subject employees to electrical shocks, injuries, and electrocution. Poor training and a lack of protective equipment can further contribute to injuries. Employers and employees should ensure electrical safety in the workplace to minimize serious injuries and fatalities.
Dangerous Industries Throughout Charleston and West Virginia
Several of West Virginia’s key industries put workers at a high risk of injury. According to a recent report by the American Federation of Labor & Congress of Industrial Organizations (AFL-CIO), West Virginia ranks second among states with the highest fatality rates. Additionally, the AFL-CIO also reported that agriculture and forestry, transportation, construction, and mining, quarrying, and oil/gas extraction are among the industries with the highest fatality rates.
Many of the dangerous industries mentioned in the report are also among West Virginia’s key industries.
Chemical manufacturing and coal mining are particularly strong industries within the Charleston area. Workers encounter common accident hazards and are also exposed to toxic chemicals, coal dust, explosives, gas leaks, and more. Work injury lawyers understand these unique factors and how they can impact a claim.
Third-Party Work Injury Claims Vs. Workers’ Compensation
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. However, employees can sometimes collect both workers’ compensation benefits and personal injury damages for injuries suffered in the same job-related accident.
Filing a work injury claim is different from filing for workers’ compensation benefits. Let’s look at the differences.
Workers’ Compensation Claims
In West Virginia, nearly all employers are required to carry workers’ compensation insurance to provide injured workers with coverage for medical bills, disability payments, missed wages, and funeral costs.
Filing for benefits with your employer is relatively straightforward, but it is important to know that once you file your application, you lose your right to sue your employer for compensation down the line.
Third-Party Work Injury Claims
In contrast, a person may want to file a work injury claim if they were harmed by a third party. In these situations, workers can sue the party responsible for their injury since the party is not an employer or colleague.
Third-party claims could include tool and machinery manufacturers, drivers, property owners, subcontractors, and more. Third-party claims require you to establish negligence before recovering compensation. However, you may be able to recover more compensation in these cases.
Why You Should Consider Both Workers’ Comp and an Injury Claim
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 even while your workers’ compensation application is being processed.
Determining Who Is Liable for a Workplace Accident
Sometimes you may be unsure who is liable for your injury. Depending on the cause of the accident, it may not always be clear how the accident originated. The involvement of multiple parties or indirect causes, such as defective tools, can make these cases far more complicated. As such, work injury attorneys carefully and thoroughly investigate these accidents to determine what parties contributed to the accident and what your options are as a result.
Regardless of your circumstances, talk to an experienced work injury attorney in Charleston about your options for pursuing justice. Your options will depend on who was at fault for the accident, and a lawyer can provide clarity on what types of legal recourse you have for your work injury.
Employers Can Be Sued for Deliberate Intent
While workers’ compensation laws generally prevent you from suing your employer when you have suffered a workplace injury, the law allows for one exception.
According to West Virginia Code §23-4-2(c), an employee can sue their employer if they can show that their injury stemmed from the employer’s deliberate intention to cause injury or death. These situations can occur when employers knowingly endanger employees by exposing them to dangers without requiring safety measures.
If an employee can provide evidence to demonstrate this element in their case, then an employee may be able to file both a workers’ compensation claim and a work injury claim to recover their losses. These situations are highly nuanced and complex, so it is recommended to seek the counsel of an experienced attorney before taking any action.
Compensation for Workplace Injuries
What you can recover after a workplace accident depends on the type of claim you file. Workers’ compensation claims are generally limited to medical expenses and lost wages, but a work injury claim can allow you to recover a wider variety of losses, as well as a greater sum. Compensation will also reflect your unique needs, which are based on the extent and severity of your losses. Depending on your case, you could potentially recover the following:
- Emergency medical care, rehabilitation, and ongoing medical expenses
- Medications, equipment, and accommodations for your home or vehicle
- Lost wages
- Lost earning capacity
- Property damage expenses
- Funeral and burial expenses
- Pain and suffering
- Emotional distress
- Decreased quality of life
- Loss of consortium
To ensure that you recover the maximum amount of compensation in your claim, be sure to keep thorough records of your care and everything you have suffered. This will help provide evidence for your claim and will help lawyers determine how much your case is worth. They will estimate how much your case is worth based on the type of claim you are filing, and they will negotiate a fair settlement amount that will sufficiently cover your losses.
Contact Our Charleston Work Injury Attorneys Today
If you or a family member has been injured in the workplace, the experienced workplace injury lawyers at Warner Law Offices, PLLC, are here to help. We offer free consultations and dependable counsel to injured workers throughout the state. To set up a case review with our Charleston workplace accident lawyers near you, contact our law firm today.
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Charleston, WV 25301
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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