Workplace Accident Attorneys in Charleston, WV
When You Can Recover More than Workers’ Compensation Benefits
West Virginia workers have a right to a safe work environment. Unfortunately, employers sometimes ignore safety rules, and workers get injured or killed as a result. For example, in 2014, 38 people died in West Virginia because of a workplace injury.
If you’ve been injured at work, you may have been told that your only option is workers’ compensation benefits. That may not be true though. For example, you may have what’s called a deliberate intent claim against your employer or a negligence claim against what’s called a third party. You may have a deliberate intent claim if your employer intentionally exposed you to a dangerous working condition that seriously injured you. If your employer or supervisor intentionally injured you, you may also be able to also sue them directly.
Five Steps to Compensation with a West Virginia Deliberate Intent Claim
To recover compensation with a deliberate intent claim, an injured worker must prove five things summarized below:
1. That there was an unsafe working condition
2. That his or her employer actually knew about
3. That violated a safety law or industry standard
4. That the employer intentionally exposed the worker to
5. That caused the employee serious injury ordeath, as defined by WV §23-4-2
As you can see, workplace injury law is complex and there are other factors that will affect your rights that are beyond the scope of this article. So, it’s important to speak with an experienced workplace injury lawyer if you have been seriously injured at work. Call West Law Firm today for a Free Consultation at 1-877-943-9378.
Five More Legal Options for Workers Injured in West Virginia
Below are five other legal claims that may entitle you to compensation above and beyond West Virginia workers’ compensation:
Third Party Personal Injury Claim
If you were injured at work by a party who is not your employer or a coworker, you may be able to bring a personal injury lawsuit against that third party. For example, if you were driving for your employer and were injured in a motor vehicle crash caused by another driver, you would likely have a personal injury claim against that driver and his or her insurance carrier. There are many other circumstance where you might have a separate civil claim against a negligent third party.
No Workers’ Compensation Insurance
If your employer did not have workers’ compensation insurance when you were injured, you may be able to sue your employer directly for your damages.
Defective Product, Equipment or Machinery
If you were injured at work by a defective product, such as a defective continuous miner, you may have a products liability claim against the manufacturer, seller, and/or distributor of the defective product.
Social Security Disability
If you suffered a severe injury at work, or your workplace injury coupled with pre-existing injuries are causing you substantial disability, you may qualify for social security disability benefits. For more information, See Social Security’s Disability Planner.
If you were injured by a toxic substance, like asbestos for example, you may have a toxic tort lawsuit against the manufacturer of that substance.
Mandolidis / Deliberate Intent Claim
As mentioned above, If your employer or supervisor intentionally injured you or exposed you to a dangerous working condition, you may be able to sue your employer for damages.
Free Case Evaluation With an Experienced Work Accident Lawyer in West Virginia
If you or a family member has been seriously injured at work, we invite you to call West Law Firm today for a Free Consultation. Our toll free number is 1-877-943-WEST (1-877-943-9378). Also, there’s never a fee unless and until we recover money for you. West Law Firm is located in Charleston, West Virginia, and our experienced workplace accident attorneys serve clients throughout the state and country.