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If you’ve been injured in a construction site accident, you deserve compensation for the physical, emotional, and financial. Construction accident injuries are often serious, leading to steep medical bills and lost income due to time off work. These challenges can quickly become overwhelming, but legal options are available to help you recover compensation.
In West Virginia, injured workers may pursue workers’ compensation benefits or a personal injury lawsuit against parties whose actions caused the accident. However, navigating the process can be complex, especially given the legal limitations against suing employers. That’s why consulting an experienced personal injury attorney is essential to protect your rights and maximize your recovery.
At Warner Law Offices, PLLC, our West Virginia workplace accident attorneys are dedicated to helping construction accident victims seek justice and fair compensation. Let us guide you through your legal options and fight to secure the resources you need to rebuild your life. Call (304) 345-6789 or contact us online to schedule your free consultation.
What Are Your Legal Options After a Construction Site Accident?
If you’ve been injured in a construction accident, you may have several legal options to seek fair compensation, especially if the accident was caused by third-party negligence. Our skilled West Virginia construction site accident attorneys can help you navigate your options and determine the best path based on the unique facts of your case.
Workers' Compensation Claims
Workers’ compensation in West Virginia provides financial support to construction workers injured on the job. Regardless of fault, it covers things like medical expenses, disability, and lost wages. Nearly all West Virginia employees are statutorily required to carry this insurance. Employees covered by workers’ compensation insurance are normally protected against lawsuits filed by injured employees.
Deliberate Intent Lawsuits
Filing a personal injury lawsuit is another way to seek compensation after a construction accident injury. Again, your employer’s workers’ compensation insurance covers injuries you suffer on the job and generally shields them from liability. However, you can file a lawsuit against your employer in West Virginia if they injured you with “deliberate intent.” To prove deliberate intent, you must show that:
- A specific unsafe working condition presented a high risk of serious injury or death.
- The employer had actual knowledge of the existence of the unsafe condition.
- The unsafe condition violated a state or federal safety statute, rule, regulation, or commonly accepted safety standard within the industry.
- The employer intentionally exposed you to the unsafe working condition.
- The unsafe condition caused your injury.
Satisfying these requirements can be difficult, especially without legal help. Our West Virginia personal injury attorneys can help you determine whether you are eligible to file a deliberate intent suit against your employer.
“West Virginia is unique — we're one of the states that allow you to bring a claim directly against your employer. And those cases are wonderful cases because they improve the safety not only of one injured worker, but of all the people that work in that company. It brings to light these unsafe conditions and it makes it safer for future West Virginia workers in that industry.”
Third-Party Personal Injury Lawsuits
Your employer may not be the only party responsible for your construction site injury. If your injury was caused by the negligence of a contractor, subcontractor, equipment manufacturer, or another third party, you may be able to file a lawsuit against them. This option is available even if you receive workers’ compensation benefits.
Identifying liable third parties in construction accidents can be complex. Consulting a skilled personal injury attorney can help you determine who is legally responsible and ensure you pursue all available avenues toward compensation.
What Types of Compensation Are Available to Me After a Construction Accident Injury?
Generally, the types of construction injury compensation available to you after an accident are workers’ compensation and personal injury damages. Workers’ compensation will be paid out to you by your employer’s workers’ compensation insurer after you file a claim. You could be awarded personal injury damages after filing a lawsuit.
Available Damages for Personal Injury Claims
Two primary types of damages are available to you in a construction injury lawsuit: economic and non-economic. Economic damages compensate for financial costs, such as medical bills, lost wages, and loss of earning potential. Non-economic damages compensate for non-financial losses, such as pain, suffering, and loss of enjoyment of life.
In cases involving a liable third party or a deliberate intent claim against your employer, you may also be eligible for punitive damages. Though rarer than the compensatory damages discussed above, punitive damages are intended to punish the responsible party and deter similar misbehavior in the future.
Wrongful Death Lawsuits
If someone is killed in a construction site accident, their personal representative can pursue a wrongful death lawsuit on behalf of surviving family members, including their spouse, children, siblings, parents, and financial dependents. Wrongful death damages in West Virginia are calculated based on what seems “just and fair.” They may include:
- Funeral and burial costs.
- Medical expenses from treating fatal injuries.
- Lost wages the decedent would have provided.
- Loss of services and support.
- Loss of companionship and society.
- Grief and mental anguish.
What Are the Most Common Construction Site Injuries?
The construction industry sees tens of thousands of injuries every year. According to 2020 data, there were 21,400 nonfatal construction accidents and 345 worker fatalities. These incidents highlight the risks construction workers face daily on-site.
Construction Site Injury Statistics
More than 60 percent of all construction site deaths result from the Occupational Safety and Health Administration’s (OSHA) “Fatal Four“:
- Falls – Falls account for about 47 percent of all construction site accidents, making them the leading cause of injuries.
- “Struck-by” Accidents – Representing roughly 15 percent of construction accident injuries, these include:
- Flying objects, such as metal particles or nails from nail guns.
- Falling objects, like dropped tools or improperly secured scaffolding.
- Swinging objects, such as hanging tools or rigging equipment.
- Rolling objects, including loose pipes or wheeled machinery.
- “Caught-In” or “In-Between” Accidents – Accounting for 5.4 percent of construction deaths, these incidents involve workers being trapped in machinery or crushed by heavy equipment or materials.
- Electrocutions – Responsible for 7.5 percent of construction deaths in 2022, electrocutions also cause severe injuries such as burns and nerve damage.
Consult an Attorney Regarding Your Injuries
At Warner Law Offices, PLLC, our experienced personal injury attorneys are ready to help you explore all your legal options and seek the compensation you deserve for your construction site injury. Our services include:
- Investigating the circumstances of your accident.
- Assisting with workers’ compensation claims.
- Identifying all liable parties.
- Filing personal injury lawsuits, including deliberate intent cases.
- Aggressively negotiating a fair settlement.
- Providing high-quality courtroom representation when needed.
- Ensuring you know your full legal rights and options.
- Offering personalized legal guidance and support throughout the life of your case.
Reach Out to Warner Law Offices for Help With Your Construction Accident Injury Claim
If you were hurt in a construction site accident, the experienced West Virginia construction accident lawyers at Warner Law Offices can help. Our attorneys have decades of combined legal experience helping accident victims throughout the state recover compensation for their injuries.
We’re committed to providing our clients with high-quality legal representation, defending their rights, and fighting for the best possible outcome no matter the circumstances. Call (304) 345-6789 or contact us online today to schedule a free legal consultation.
