West Virginia Work Injury Lawyer & Workplace Accident Attorney
West Virginia workers have a right to a safe work environment. Unfortunately, employers sometimes put profit over people and workers get injured or killed as a result. Although workers comp is the most common source of income for injured workers after a workplace accident, it’s often not enough. Fortunately, an experienced WV work injury lawyer may be able to help you recover additional compensation in some cases.
Work Injury Claims and Workplace Accident Practice Areas
Can You Sue Your Employer after a West Virginia Workplace Injury or Wrongful death?
Yes, if you were injured at work, or if your loved one died in a workplace accident, you can sue your employer for compensation in some circumstances. For example, if your employer doesn’t have workers comp insurance, you can sue them for negligence. If your employer does have insurance, then you can take them to court for not keeping you safe if you can prove the elements required by the West Virginia deliberate intent statute.
This West Virginia work injury law sets forth what you must prove to recover compensation from your employer above and beyond workers comp. An experienced work injury lawyer, like those at West Law Firm, can help you determine if your workplace accident case meets the criteria of a deliberate intent claim described below.
Also, if you can’t meet all the elements of a deliberate intent claim, you may have a personal injury claim against an entity separate from your employer if their negligence caused you injury. Third parties liable for your injuries may include negligent property owners, equipment manufacturers, commercial trucking companies, independent contractors, negligent drivers, and others.
If you were injured at work in West Virginia, we invite you to call West Law Firm’s top-rated work injury lawyer today at 1-877-943-9378 (WEST) for a Free Case Evaluation. There’s also No Fee unless you recover compensation.
West Law Firm Work Injury Lawyer Brooks West Included in the 2025 edition of The Best Lawyers in America® in the field of Personal Injury Law
West Virginia Deliberate Intent Claims — Compensation Above and Beyond Workers Comp
To recover personal injury compensation from your employer in addition to workers’ comp benefits, you must either prove the elements set forth in the West Virginia deliberate intent statute, or you must prove that your employer or supervisor intentionally injured you. Most West Virginia workplace accident claims are won by proving a deliberate claim required by West Virginia Code §23-4-2.
How a WV Work Injury Lawyer Can Help You Win a Deliberate Intent Claim
In short, West Virginia Workplace Accident law says that you can sue your employer for compensation if there was 1) an unsafe working condition; 2) that your employer actually knew about; 3) that unsafe working condition violated a safety law or industry standard; 4) that your employer intentionally exposed you to; and 5) and that dangerous work condition caused you or your loved one serious injury or death. Serious injuries include but are not limited to brain injuries, spinal cord injuries, orthopedic injuries, and a combination of injuries.
Additionally, in 2015, the West Virginia legislature changed workplace injury laws to make it more difficult for injured workers to recover compensation after a workplace injury. Now, the two most common hurdles injured workers and their attorneys face in pursuing a deliberate claim is that they have to prove, among other things:
- The workers’ employer or supervisor had actual knowledge of the dangerous condition that injured the worker; and
- That the injured worker attained a total whole person impairment level of at least thirteen percent (13%) as a final award in the employee’s workers’ compensation claim.
As you can see, the West Virginia laws that governs workplace injuries and accidents are complex and frankly designed to make it difficult for workers injured in West Virginia to recover fair compensation. That’s why it’s so important to speak with an experienced work injury attorney if you have been seriously injured at work.
The attorneys at West Law Firm have decades of combined experience handling deliberate intent and other work accident claims for West Virginia workers. We invite you to call us today for a Free Consultation at 1 (877) 943-9378.
What if Someone or Some Corporation Besides Your Employer Caused Your Work Injuries or Wrongful Death?
If you were injured at work by a party who is not your employer or a coworker, an experienced work injury lawyer may be able to help you bring a personal injury lawsuit against that third party. For example, coal mining accidents often involve multiple companies, and only one company is the actual employer. Often, the company at fault for the coal mining accident is not the injured workers’ employer. In these instances, the injured worker or family of a worker who died, has a workers compensation claim and a personal injury claim against that company.
if you were driving a logging truck for your employer and were injured in a motor vehicle accident caused by another driver, you would likely have a personal injury claim against that driver and his or her insurance carrier.
Or if, while working, you were injured on another business owner’s property due to a dangerous condition, you may have a premise liability claim against the property owner. For example, dogs frequently bite delivery drivers, and they typically have dog bite claims against the dog owners.
There are also many other circumstances where you might have a separate accident claim against a negligent third party. Fore example, workplace injuries that occur while fracking for natural gas or mining coal often involve the negligence of third parties.
Four Possible Additional Sources of Compensation a WV Work Injury Lawyer May Be Able to Help You Recover
Below are four other legal claims that may entitle you to compensation above and beyond West Virginia workers’ compensation benefits:
NO WEST VIRGINIA WORKERS COMPENSATION INSURANCE
If your employer did not have workers’ compensation insurance at the time of your workplace accident, you may be able to sue your employer directly for your damages.
INJURIES CAUSED BY DEFECTIVE PRODUCTS, 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. Product liability claims almost always require the help of a skilled injury attorney because they are so expensive and complicated to litigate.
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.
TOXIC SUBSTANCES
If you were injured by a toxic substance, like asbestos or Roundup, you may have a toxic tort lawsuit against the manufacturer of that substance.
Is it Worth Getting a Workers Comp Attorney in West Virginia?
When injured workers ask us whether they should hire a West Virginia workmans comp lawyer, we usually tell them to first file their workers comp claim on their own and see what happens. For example, if you file a workmans comp claim and get all you ask for and feel like you’re being treated fairly, you may not ever need a workers comp attorney.
However, if your workers comp claim gets denied or you’re not getting the compensation, benefits, or medical treatment you need, then it’s important to speak with a West Virginia workers comp lawyer. A workers comensation attorney will typically give you a free consultation.
So, if in doubt, it’s best to at least get a free case evaluation with a workers comp attorney. West Virginia workers compensation lawyers also do not collect a fee until after they have recovered compensation for you; so, there’s no risk to speak with one.
Get a Free Case Evaluation With an Experienced Charleston, West Virginia Work Injury Lawyer
If you or a family member has been seriously injured or killed at work, we invite you to call our top-rated work injury lawyer today for a Free Consultation. Our toll-free number is 1-877-943-WEST (9378).
Also, there’s No Fee unless and until we recover compensation for you. West Law Firm is located in Charleston, West Virginia, and our experienced workplace accident attorney serves clients throughout the state and country. If you can’t come to us, we’ll come to you.
Lance Bork