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Charleston, WV Industrial Accident Lawyer
- Why Hire Our Experienced Charleston, WV, Industrial Accident Attorneys
- Hear From Our Charleston Clients
- Who Is Liable for an Industrial Accident in Charleston?
- Can I File a Lawsuit if I’m Already Receiving Workers’ Compensation?
- What Compensation Can I Receive After an Industrial Accident?
- What Types of Evidence Will Strengthen My Industrial Accident Case?
- How Much Is My Industrial Accident Case Worth?
- Types of Industrial Accident Cases We Handle
- How Long Do I Have to File a Claim After an Industrial Accident?
- Our Attorneys Are Here to Help With Your Industrial Accident Claim
Industrial accidents are terrifying for victims and their families. Given our state’s long history as a home for industrial sites, such as coal mines and oil refineries, these accidents are unfortunately all too common in West Virginia. If you or a loved one have been hurt in an industrial accident in or near Charleston, WV, you need a good attorney fast.
The Charleston industrial accident lawyers at Warner Law Offices are knowledgeable and experienced when it comes to industrial accidents in West Virginia. Our full-service personal injury law firm is staffed by skilled attorneys who know their way around our state’s legal system. Call (304) 345-6789 or contact us online to schedule your free case consultation.
Why Hire Our Experienced Charleston, WV, Industrial Accident Attorneys
When you file an industrial accident injury claim, the defendant and their insurance company will have an attorney to protect their bottom lines. That’s why you need a skilled lawyer in your corner to protect your legal rights and interests. Trying to negotiate a fair settlement with adjusters who handle insurance claims every day dramatically lowers the likelihood that you’ll be awarded fair compensation for your industrial accident injuries.
That’s where our attorneys come in. The legal team at Warner Law Offices is made up of West Virginia locals with decades of combined experience. Our firm was founded here in 2000 by Bobby Warner, who was raised in West Virginia.
We’ve won state and national awards for our services, including recognition as Super Lawyers and Top 100 Trial Lawyers. Our firm was also named one of 13 Premier Law Firms by Newsweek.
Our multimillion-dollar track record speaks for itself. We’ve secured millions in case results for clients injured in industrial accidents. We’re committed to supporting our community by providing high-quality legal representation to those in need and other forms of much-needed service. West Virginia is our home, and it’s important to us that our neighbors are treated with care.
"After an accident you need a law firm you can trust. When you hire Warner Law Offices, it's like coming home. I was born and raised in West Virginia, and went to school right here in West Virginia. I know the local courts, the local doctors, and how to negotiate the best settlement. When a case goes to trial, I know how to relate to local juries. If you've been hurt at work, give us a call."
Hear From Our Charleston Clients
When it comes to what our attorneys can do for you, don’t just take our word for it. Here’s what our satisfied clients have to say about the results our personal injury lawyers have secured for them.
Who Is Liable for an Industrial Accident in Charleston?
West Virginia workers often struggle to hold their employers liable for workplace industries due to workers’ comp laws. However, product manufacturers, property owners, and subcontractors are all parties who may be liable for your injuries after an industrial accident, depending on the facts of your case. Our workplace injury attorneys can help you determine the cause of your injury, and which parties could be liable for the damages you suffered.
"Injured employees should take stock of what caused those injuries to occur and consider whether co-workers and supervisors knew about an unsafe condition before the injury, the frequency and sufficiency of training, whether the employer was required to conduct an inspection or assessment, if the employer clearly communicated safety rules to employees, whether a Job Hazard Analysis (“JHA”) applied to the task, and did a supervisor direct the injured employee to perform his or her job, even though the supervisor had a conscious awareness of an unsafe condition."
Can I File a Lawsuit if I'm Already Receiving Workers' Compensation?
You may be able to file a lawsuit for injuries you suffered in an industrial accident if you’re already receiving workers’ compensation in West Virginia. However, you can only file suit in addition to workers’ comp under specific circumstances.
Workers’ compensation in West Virginia is a no-fault system. This means you don’t have to prove your workplace injury resulted from someone else’s negligence to receive benefits. Eligibility for workers’ comp benefits depends on whether the injury you suffered was connected to work.
In most cases, injured employees can’t sue employers covered by workers’ comp insurance. However, West Virginia has a few important exceptions to this rule. These include:
- Deliberate intent by your employer to endanger you.
- Failure by your employer to maintain mandatory workers’ comp insurance.
- Third-party liability for injuries caused by a party other than your employer, including injuries resulting from defective or faulty products.
- Exposure to toxins in the workplace.
"Deliberate Intent" Personal Injury Claims
West Virginia law gives employees the right to file personal injury claims for workplace injuries if they were caused by the “deliberate intent” of the employer. This means employers can be held liable for injuries or illnesses suffered by employees as a result of their employer’s endangerment.
If you’re unsure whether you’re eligible to file a personal injury claim in addition to workers’ comp, Warner Law Offices can help. Our attorneys can walk you through your legal options and help you determine the best way to proceed with your case.
What Compensation Can I Receive After an Industrial Accident?
There are two main types of compensation you can receive in a personal injury case: economic damages and non-economic damages. Economic damages compensate for financial losses, such as medical bills and lost wages. Non-economic damages compensate for losses that do not easily reduce to a monetary value, such as pain, suffering, and loss of enjoyment of life.
A judge may also award punitive damages. These damages are intended to punish the defendant and deter other bad actors from harming others in the same way in the future.
Surviving loved ones of workers killed in industrial accidents can also recover economic, non-economic, and punitive wrongful death damages. Economic wrongful death damages commonly include the deceased’s medical bills or funeral expenses. Non-economic wrongful death damages commonly include grief and loss of companionship.
What Compensation Can Warner Law Offices Secure for Clients?
Our Charleston, WV industrial accident lawyers have recovered millions for clients injured in industrial accidents in West Virginia. Our case results include:
- $12 million for an oil and gas worker severely injured after being exposed to unsafe working conditions.
- $3 million for the family of a coal miner killed in an underground collision.
- $2.5 million for a worker seriously burned after not being provided adequate safety equipment.
What Types of Evidence Will Strengthen My Industrial Accident Case?
One of the most crucial parts of filing a workers’ comp claim after an accident is submitting evidence. Evidence commonly used in workers’ comp claims includes:
- Medical records
- Photos and videos
- Witness interviews
- Expert testimony
Gathering evidence on your own can be difficult, especially while trying to heal from an injury. Our skilled industrial accident attorneys can collect evidence and build a strong case on your behalf. We will leave no stone unturned as we work to prove liability and the full extent of your damages.
Medical records are a particularly important form of evidence because they demonstrate the nature and severity of your injuries. Keeping up with records and appointments is crucial when filing a workers’ comp claim to show that your injury is impacting your life and that you’re taking treatment seriously.
"When I show up at a job site where one of my clients was injured, I bring a team of experts to determine how and why the accident happened. The experts are able to rebuild the case and find out whether state or federal regulations were violated, whether company policies were violated; did the company know about the unsafe conditions? Call us and we'll build your legal team and we'll win your case."
How Much Is My Industrial Accident Case Worth?
The value of an industrial accident personal injury claim varies significantly from case to case. Some are worth tens of thousands of dollars, and some are worth millions. However, no matter what your claim is ultimately worth, insurance companies will undervalue it to avoid expensive payouts. Warner Law Offices can evaluate your case and calculate its potential value during your free, no-obligation consultation.
Types of Industrial Accident Cases We Handle
Our Charleston office handles workplace accident claims in all kinds of industries, including:
- Coal mining
- Oil and gas, including fracking
- Construction
- Chemical manufacturing
- Logging
No matter the industry, if you’ve suffered a workplace injury, our experienced industrial accident attorneys can help you understand your full legal rights and options.
"When you're injured on the job, the truth is, the odds are stacked against you. You're taking on the giant insurance companies that insure construction companies, coal companies, and oil and gas companies. Let me put my years of experience to work for you."
How Long Do I Have to File a Claim After an Industrial Accident?
Under the West Virginia personal injury statute of limitations, you normally have two years to file an injury lawsuit. However, you only have six months to file a workers’ comp claim. Other deadlines may apply. Contacting our industrial accident attorneys quickly after an injury can help ensure your case is filed on time and maximize your recovery.
Our Attorneys Are Here to Help With Your Industrial Accident Claim
If you’ve been hurt in an industrial accident, don’t wait to pursue justice. Known for aggressive advocacy, our Charleston, WV industrial accident attorneys at Warner Law Offices can help you determine what your case is worth and file your claim on time. Call our Charleston personal injury law office at (304) 345-6789 or contact us online to schedule your free case consultation.
Consultation
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.