You probably never thought you’d need a lawyer. Most construction workers don’t—until a serious injury changes everything. Maybe you lost your balance on unstable scaffolding. Or maybe a piece of machinery malfunctioned. However it happened, you’re now dealing with hospital visits, missed work, costly hospital bills, and uncertainty about the future. It’s frustrating and it’s unfair, but a West Virginia construction accident lawyer can help.
At Robinette Legal Group, PLLC, we back every construction accident case with decades of experience pursuing compensation for injured workers and their families. We know the stakes. Construction work is dangerous, and when safety is neglected, lives change instantly. If you’re facing a long recovery and worried about what comes next, we’re here to take on the legal burdens so you can focus on healing.
Schedule a free case evaluation
Key Takeaways for West Virginia Construction Accident Lawyer
- Construction accidents remain one of the leading causes of workplace injuries and deaths in West Virginia.
- Falls, electrocutions, and struck-by incidents are among the most common and preventable causes of construction injuries.
- Injured workers may qualify for both workers’ compensation benefits and a personal injury claim, depending on the situation.
- Construction accidents often involve multiple parties, including general contractors, subcontractors, and equipment manufacturers.
- Acting quickly after an accident helps protect your legal rights and preserve crucial evidence.
- Our legal team at Robinette Legal Group, PLLC, brings former insurance defense experience to every case we handle.
Why Construction Sites in West Virginia Are So Dangerous
Jeff Robinette, West Virginia Construction Accident Lawyer
Construction is one of the most hazardous jobs in the country, and even more so in West Virginia. According to the U.S. Bureau of Labor Statistics, the Mountain State had 58 fatal work injuries in one recent year, a sharp increase from the previous years. Construction work was a major contributor, continuing a troubling trend that made West Virginia the second-worst state in the nation for workplace injuries.
Most construction accidents happen because someone failed to follow safety protocols. These are not unavoidable risks. They’re often the result of poor planning, oversight, or equipment maintenance.
Workers’ Compensation vs. Personal Injury Lawsuit: What’s the Difference?
If you’re hurt on a job site in West Virginia, you may wonder whether workers’ compensation is your only option. In many cases, you may also be able to file a personal injury lawsuit. It depends on who caused the accident and how the incident occurred.
When workers’ compensation applies
Construction companies in West Virginia are required to carry workers’ compensation insurance. This insurance provides certain benefits to injured workers while shielding employers from personal injury lawsuits. It is the first source of compensation for injured workers. If you’re a direct employee and were hurt while doing your job, your workers’ comp benefits may include:
- Medical treatment coverage
- Partial wage replacement (usually around two-thirds of your average wage)
- Temporary or permanent disability benefits
Workers’ compensation benefits apply no matter who caused the accident—even if your own mistake or your employer’s negligence caused it. But these benefits often fall short of covering all your losses, especially pain, suffering, and long-term impact.
When is a personal injury lawsuit an option?
Many construction accident cases involve third-party liability, meaning someone outside your employer contributed to your injuries. This may include:
- Property owners who failed to maintain a safe site
- General contractors or subcontractors who created dangerous conditions
- Equipment manufacturers responsible for design or manufacturing defects
When a third party plays a role in your injury, you aren’t limited to workers’ compensation alone. A personal injury lawsuit allows you to seek broader damages, including pain and suffering, future medical needs, and the long-term impact on your life. Exploring these options with a West Virginia construction accident lawyer ensures that every responsible party is held accountable and that no path to recovery is overlooked.
Key differences between the two paths
Here’s a quick breakdown:
- Workers’ comp doesn’t require proving fault, but limits compensation
- Personal injury lawsuits require proof of negligence but allow for full recovery of damages, including pain and suffering
Deciding on your best legal options isn’t always obvious or straightforward. Our West Virginia personal injury lawyers carefully review an injured construction worker’s employment status, insurance policies, and the job site to determine what compensation is available to you.
Most common causes of construction accidents
Construction hazards usually fall into four categories known as the “Fatal Four.” These account for over 65% of fatalities in the industry:
- Falls from heights, such as scaffolds, ladders, or unprotected edges
- Struck-by accidents involving vehicles, falling tools, or building materials
- Electrocution from exposed wiring or contact with power lines
- Caught-in/between incidents, including trench collapses or equipment entrapment
Where do most West Virginia construction accidents occur?
Construction-related injuries are especially common in these areas:
- Highway work zones near I-79, I-64, and other major transportation corridors
- Urban job sites in Morgantown, Charleston, Huntington, and nearby cities
- Industrial facilities, such as chemical plants, power stations, and manufacturing sites
What makes job sites risky for West Virginia construction workers?
Some construction environments are more dangerous than others—and not always because the work is inherently more dangerous. The risk often comes from poor planning, rushed timelines, or failing to follow basic safety rules. In West Virginia, certain conditions make construction sites especially hazardous, including:
- Severe weather such as rain, snow, and high winds can create slippery surfaces, collapse trenches, reduce visibility, and make heavy machinery harder to operate.
- Lack of qualified supervision means no one is checking that safety protocols are followed, tasks are properly coordinated, or that inexperienced workers are given clear direction.
- Old or poorly maintained equipment is more likely to break down, malfunction, or fail to meet modern safety standards.
- Chaotic or cluttered job sites increase the chances of falls, trips, and struck-by injuries, especially when workers are moving quickly in tight or uneven spaces.
- Pressure to meet deadlines can cause corners to be cut, safety meetings to be skipped, and workers to be pushed to keep going even when it’s not safe.
When construction companies or site managers ignore these hazards, the results can be catastrophic. And when that failure causes injury, you may be eligible to seek compensation beyond workers’ compensation.
Why risk increases in these environments
Several conditions make job sites more dangerous for West Virginia workers:
- Weather extremes can pose extra safety challenges, creating slippery, unstable, or exposed surfaces and poor visibility.
- Poor site supervision leads to confusion, rushed work, or missed warnings.
- Outdated or poorly maintained machinery increases the chance of equipment failure
What Compensation Can You Pursue After a Construction Accident?
A serious injury can affect your ability to work, earn, and live the way you did before. West Virginia law allows injured construction workers to pursue compensation to help rebuild their lives. That includes both economic and non-economic damages.
Types of compensation available
Depending on the details of your case, you may be able to recover:
- Medical expenses for hospital stays, surgeries, medications, and physical therapy
- Lost wages during recovery or reduced earnings due to long-term impairments
- Pain and suffering, including physical pain, anxiety, and emotional distress
- Permanent disability compensation if the injury results in disfigurement or lasting impairments
- Loss of consortium for how the injury impacts your relationship with your spouse or family
- Punitive damages in rare cases where gross negligence played a role
How we calculate your losses
Every construction accident case is different, but we focus on a few key areas to estimate your damages:
- The severity and permanence of your injuries
- Your long-term medical needs, including future surgeries or rehab
- How your injury affects your ability to return to your job or career
- The emotional toll and impact on your daily life
Turning your injury into evidence
Accurate documentation and records help prove the value of your claim. These include:
- Treatment summaries from your healthcare providers
- Employment records showing missed work or reduced hours
- Journals or video diaries capturing daily pain levels and limitations
Your attorney can help organize these materials into a strong, evidence-based claim.
What To Do After a Construction Site Accident in West Virginia
Once you’ve received medical attention for your injuries, there are several steps you should take to protect your claim and your long-term well-being.
Here are a few more things you can do to strengthen your case:
- Start by hiring a West Virginia construction accident lawyer who knows how to investigate job site injuries and hold the right parties accountable.
- Attend all medical appointments and follow treatment plans to show you’re committed to recovery
- Create a journal or video log of your symptoms, pain levels, and emotional changes
- Keep all bills, receipts, and insurance communications in one place
- Request a copy of your accident report or incident log from your employer or site supervisor or, if you have a lawyer, let them take care of obtaining the right documents.
These small actions can make a big difference in how your case is evaluated by insurance companies or a jury.
Schedule a free case evaluation
Choosing the Right Lawyer for a Construction Accident Case
Not all injury lawyers handle construction accident claims. These cases are legally complex, often involving multiple parties, overlapping state and federal safety rules, and both workers’ compensation and personal injury components. That’s why choosing a lawyer with the right experience and the time to focus on your case is essential.
Why legal experience with job site injuries matters
A lawyer who regularly handles construction accident cases will know how to:
- Investigate safety violations at the construction site
- Determine whether OSHA standards were followed
- Identify all liable parties beyond your direct employer
- Work with medical experts and accident reconstruction professionals
Construction accidents often occur in fast-moving, high-risk environments. An attorney must move quickly to gather site photos, interview witnesses, and protect evidence before it disappears.
What sets Robinette Legal Group, PLLC apart
When you hire Robinette Legal Group, you’re choosing a firm led by a National Board Certified Trial Attorney with over 30 years of litigation experience. Founding attorney Jeff Robinette previously represented insurance companies, so he understands the tactics they use to deny or minimize claims.
We take a selective approach to every case. By limiting our caseload, we provide every client with personalized attention and responsive communication throughout the process. We’ve recovered millions for injured workers in West Virginia through negotiated settlements and trial verdicts.
How we build strong construction accident claims
Our approach includes:
- Thoroughly reviewing employer safety records and training logs
- Interviewing co-workers and site supervisors
- Securing expert analysis on site conditions and equipment function
- Tracking the full financial and emotional impact of your injury
We handle every case on a contingency fee basis, meaning you don’t pay us unless we recover compensation for you. And every consultation is free.
Barriers You Might Face When Seeking Compensation
While the law supports your right to pursue compensation after a construction accident, the process is rarely straightforward. Many accident victims encounter legal, financial, or emotional obstacles that delay or jeopardize their recovery.
Challenges with insurance companies
Insurance companies often use tactics to reduce payouts. You may encounter:
- Low settlement offers that don’t reflect your long-term needs
- Delayed claim responses or requests for excessive documentation
- Pressure to return to work before you’re medically cleared
You don’t have to manage these negotiations on your own. Placing your case in the hands of a dedicated legal team takes the stress off you and helps you avoid costly mistakes.
Confusion about which claim to file
It’s not always clear whether you should file for workers’ compensation, a personal injury claim, or both. Missteps here can delay your benefits or cause you to waive rights you didn’t know you had.
An attorney can help you evaluate your legal options and pursue all available forms of recovery.
Deadlines and documentation issues
West Virginia has strict timelines:
- Workers’ compensation claims must be filed within six months of the injury
- Personal injury and wrongful death lawsuits must be filed within two years of the incident
Missing these windows could permanently block your ability to recover compensation. That’s why early legal intervention is so important.
FAQ for West Virginia Construction Accident Lawyer
What is the deadline for filing a personal injury claim in West Virginia?
In most cases, you have two years from the date of the accident to file a personal injury lawsuit under West Virginia Code § 55-2-12. If you’re filing a workers’ compensation claim, the deadline is shorter, usually six months from the injury date.
Can I still sue if I was partially at fault for the accident?
Yes. West Virginia uses a modified comparative fault rule under W. Va. Code § 55-7-13a, which allows you to recover compensation as long as you were less than 50% responsible. Your total compensation will be reduced by your percentage of fault.
What if my employer doesn’t carry workers’ compensation insurance?
If your employer failed to carry the workers’ compensation coverage required by West Virginia law or let their coverage lapse, you may also be eligible to file a claim with the West Virginia Workers’ Compensation Uninsured Employers Fund (UEF) administered by the West Virginia Offices of the Insurance Commissioner. Your employer remains directly responsible for repaying those benefits, plus related legal costs and penalties.
How much does it cost to hire a construction accident lawyer?
At Robinette Legal Group, PLLC, we work on a contingency fee basis. That means you pay nothing up front, and we only get paid if we recover compensation for you. Your initial consultation is also completely free.
Who can I sue if faulty equipment caused the accident?
If machinery or tools were defective, you may be able to bring a third-party claim against the manufacturer, supplier, or maintenance provider. These types of cases often involve product liability laws and require technical evidence to prove fault.
Your Legal Path Forward Starts Here
You’re dealing with serious injuries, a flood of bills, and uncertainty about what comes next. You shouldn’t also have to worry about paperwork, deadlines, or corporate insurance adjusters. At Robinette Legal Group, PLLC, we take that weight off of you and put our full effort into protecting your future.
From our offices in Morgantown, we represent injured construction workers and families across West Virginia. Whether your case involves a collapsed scaffold in Charleston or a trenching accident in Clarksburg, we’re ready to investigate, file claims, and push for fair compensation.
We understand how high the stakes are when an injury stops you from working. Our legal team fights for workers in every sector of the construction industry, from road crews and framers to pipefitters and electricians.
If you or someone you love was injured on a job site, call (304) 594-1800 or contact us online today to schedule a free case evaluation with a WV personal injury lawyer. Let’s talk about what happened and how we can help you move forward.
Our Awards and Certifications
