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Hand injuries on the job can be debilitating. One of your first questions will likely be, can you receive compensation for a workplace hand injury after an accident?
You can generally get compensation for hand injuries at work, but the type of compensation you seek varies depending on the circumstances surrounding the accident. Most injuries are only eligible for workers’ compensation. However, if your employer deliberately intended to cause your injury, or if you were injured at work by a third party, you could be eligible to file a personal injury suit.
The West Virginia workplace injury lawyers at Warner Law Offices can help you no matter the legal route you pursue. Contact us online or call (304) 345-6789 today for your free legal consultation.
Available Compensation for Workplace Hand Injuries
There are several legal routes you can take when pursuing compensation for a workplace hand injury. Depending on the nature of your injury, the person responsible, any evidence of intentional harm, and other factors, workers can be eligible for multiple different types of compensation.
Workers' Compensation
Your first option after suffering a workplace injury is workers’ compensation. The majority of employers are required to carry workers’ compensation insurance to cover injuries their employees suffer on the job. Always consult an attorney to file workers’ comp claims as soon as possible after an injury occurs.
Deliberate Intent Claims
Workers’ comp protections mean that in the vast majority of cases, employees can’t sue employers for workplace injuries. However, there’s a critical exception to this rule. If your injury occurred due to deliberate intent on the part of your employer, you can file a personal injury suit against them.
Negligence or reckless behavior is not enough to prove deliberate intent. Deliberate intent can be proven in two ways. First, you can prove that your employer specifically intended to cause your injury. If your employer injured you on purpose, that’s enough to qualify for a deliberate intent claim.
If you can’t prove a specific intent to injure you, you must prove the following factors:
- An unsafe working condition that is highly likely to cause significant injury or death.
- Your employer was aware of the hazard and the risk it presented to employees.
- The hazard violated a federal or state law or regulation or breached a common industrial standard of safety.
- Your employer required you to keep working even though they knew about the hazard.
- The hazard caused your injury.
An attorney can help determine whether your case constitutes a deliberate intent claim.
Third-Party Claims
Even if you can’t sue your employer for workplace injuries, it may be possible for you to sue a third party who caused the injury. A subcontractor, a delivery driver, the manufacturer of a faulty piece of equipment, or any other third party can be held legally liable if their negligence or recklessness caused the injury.
Common Workplace Hand Injuries That May Qualify for Compensation
Several common workplace hand injuries may qualify you to receive compensation. These include injuries such as:
- Cuts and lacerations
- Burn injuries
- Breaks and fractures
- Nerve damage
- Crush injuries
- Puncture wounds
- Amputation
Certain professions are more likely to deal with hand injuries, especially if they involve regularly handling heavy machinery or dangerous substances. Examples include:
- Coal mining
- Construction work
- Welding and mechanical work
- Factory work
- Medical work
- Electrical work
No matter your job or the type of hand injury you suffered, you may be eligible for compensation. Reaching out to a trustworthy West Virginia personal injury attorney can help you fight for the justice you deserve after a workplace injury.
Factors That Can Impact Compensation for Your Hand Injury
Certain factors in any workplace injury case can impact how much compensation you are eligible to recover. Compensation depends largely on the legal route you choose to pursue.
Workers’ comp compensation may include a percentage of your salary and medical expenses. If you’re eligible to pursue a personal injury claim, you could stand to receive much more for your damages than you would be eligible for from workers’ compensation.
Important factors impacting your compensation include:
- The severity of the injury. If your injury is severe or catastrophic, you may be eligible for more compensation than you would be for a less serious injury.
- Documentation of the injury. It can be difficult to recover compensation without specific evidence, especially if you’re pursuing a personal injury claim.
- Impact on your long-term earning capacity. If your injury renders you unable to work in the future, you may be eligible to receive more compensation in the form of damages or disability benefits.
How Long Do I Have To File a Claim for a Workplace Hand Injury?
The time you have to file a claim for your injury depends on the type of claim you’re filing.
For workers’ compensation claims in West Virginia, you have six months from the date of a workplace injury to file a claim. You always have the right to file a workers’ compensation claim without retaliation from your employer. For personal injury claims, the statute of limitations in West Virginia is generally two years from the date of the injury.
Though certain exceptions may extend these deadlines, failure to file on time will likely eliminate your right to compensation. Consult an attorney as soon as possible.
What Should I Do if I Suffered a Hand Injury on the Job?
After suffering a workplace hand injury, there are crucial steps to take to maintain your safety and protect your best legal interest:
- Seeking medical attention immediately. Be sure to get treatment as soon as possible for the injury you suffered to prevent your condition from worsening.
- Reporting the injury to your employer. Always report all workplace injuries to your employer as soon as possible. This is important whether you intend to pursue a workers’ comp claim or a personal injury claim, as it gives your employer advance notice that you’ve been hurt at work.
- Gathering evidence from the scene of the accident. If you’re able, getting photos and video from the site of the accident and talking to coworkers who witnessed the injury will start to build your claim.
- Staying on top of medical treatment. Being careful to attend all medical appointments and follow recommended treatment helps you avoid medical complications and prove you’re serious about recovery.
- Discuss your legal options with an attorney. An attorney can help you determine the options you may have for pursuing compensation for your injury.
Do I Need a Lawyer To File a Claim for My Workplace Injury?
You are not required to seek help from an attorney to file a claim for your workplace injury. However, having a lawyer on your side is always a good idea to make sure that your interests are protected while you pursue compensation, especially for a personal injury claim.
An attorney can help you determine the types of claims you may be eligible to pursue based on the facts of your case. Your attorney will negotiate on your behalf and handle all aspects of any court filing or communications with the opposing party. The experienced attorneys at Warner Law Offices can assist with every aspect of your workplace injury claim.
Reach Out to Warner Law Offices for Help With Your Workplace Hand Injury Case
After a workplace accident, you need a reliable attorney to help you pursue hand injury compensation. The attorneys at Warner Law Offices have decades of combined experience and have won millions in high-value verdicts and settlements for our clients. Call (304) 345-6789 or contact us online today for your free legal consultation.
