Construction sites are fraught with hazards, and accidents can leave victims and workers alike with severe injuries and mounting medical bills.
If you’ve suffered a construction accident in West Virginia, you need experienced legal representation to secure the compensation you deserve.
Our West Virginia construction accident lawyers, based out of Morgantown, are ready to assist you. Contact us today at (304) 594-1800 for a free consultation and take the first step towards securing your rights and recovery.
Why Choose Our West Virginia Construction Attorneys?
- Experience: With extensive experience handling construction accident cases, Robinette Legal Group has a proven track record of success. We have secured millions in settlements and verdicts for our clients.
- Location: Our office is located in Morgantown, WV, just a short drive from Morgantown Municipal Airport.
- Client-Centered Approach: We focus on building strong cases, negotiating with insurance companies, and taking cases to trial if necessary to secure the best outcomes for our clients.
- Dedication and Expertise: Our team is dedicated to fighting for your rights, leveraging our legal expertise to ensure you receive the compensation you deserve.
How Much Is My Construction Accident Case Worth?
Determining the value of a construction accident case involves various factors. At Robinette Legal Group, we meticulously evaluate each element to maximize your compensation:
Medical Expenses
- Current Medical Bills: Covers immediate hospital bills, surgeries, and treatments.
- Ongoing Medical Care: Includes costs for rehabilitation, physical therapy, and any necessary long-term care.
Lost Wages
- Income Loss: Compensation for income lost during recovery.
- Future Earnings: Potential compensation if the injury affects your ability to work long-term.
Pain and Suffering
- Physical Pain: Monetary compensation for the physical pain endured.
- Emotional Distress: Compensation for psychological impact and emotional suffering.
Future Medical Costs
- Anticipated Treatments: Coverage for future medical treatments and therapies required due to the injury.
- Specialized Care: Includes costs for any special medical equipment or modifications to your home.
Disability and Disfigurement
- Permanent Disability: Compensation for injuries resulting in permanent disability.
- Disfigurement: Monetary value for disfigurement or loss of limb.
Loss of Consortium
- Impact on Relationships: Compensation for the injury’s impact on your relationship with your spouse or family.
Property Damage
- Repair Costs: Costs to repair or replace personal property damaged in the accident.
Out-of-Pocket Expenses
- Additional Costs: Reimbursement for expenses such as transportation to medical appointments or necessary home modifications.
Death Benefits
- Funeral and Burial Costs: In the unfortunate event of a fatality, compensation can include funeral and burial expenses.
- Loss of Financial Support: Compensation for the loss of future income and support for the deceased’s family.
Punitive Damages
- Gross Negligence: In cases of gross negligence or malicious intent, the victim may receive punitive damages to punish the responsible party and deter similar behavior.
Each case is unique, and our experienced attorneys work diligently to assess and maximize your claim’s value.
Where Do Construction Accidents Occur in West Virginia
Construction accidents in West Virginia often occur in various high-risk areas, particularly around major infrastructure projects and busy urban centers.
According to the Bureau of Labor Statistics, some notable high-risk locations include:
- Highway Construction Zones: Accidents frequently happen on busy highways like I-79 and I-64, where ongoing roadwork poses significant risks to both workers and motorists. In one recent year alone, 132 workers were killed in road construction zones across the U.S., with many incidents occurring on major highways.
- Urban Construction Sites: Cities like Morgantown, Charleston, and Huntington see numerous construction projects, increasing the likelihood of accidents. The complexity and scale of urban construction contribute to higher accident rates.
- Industrial Projects: West Virginia’s extensive industrial activity, including power plants and manufacturing facilities, also sees many construction-related incidents. These areas involve large machinery and complex operations that pose risks to workers.
Common Causes of Construction Accidents in West Virginia
Construction accidents can happen for various reasons, often due to the inherently hazardous nature of construction sites.
Some common causes include:
- Equipment-Related Accidents: Malfunctioning or improperly used equipment can lead to severe injuries.
- Lack of Proper Training: Insufficient training on safety protocols and equipment use increases the risk of accidents.
- Poor Site Management: Ineffective supervision and poor site organization can create hazardous conditions.
- Inadequate Safety Measures: Failure to provide and enforce safety gear and procedures contributes to many accidents.
- Weather Conditions: Adverse weather, such as rain or snow, can make construction sites more dangerous.
- Overexertion and Fatigue: Long hours and physically demanding work can lead to accidents caused by fatigue and reduced concentration.
Understanding Construction Accident Cases
Types of Accidents
- Falls from Heights: Accidents involving falls from scaffolding, ladders, or roofs.
- Scaffold Collapses: Incidents where scaffolding structures fail, leading to injuries.
- Electrical Injuries: Accidents involving contact with power lines or exposed wiring.
- Equipment Accidents: Mishaps with heavy machinery, such as cranes or forklifts.
- Struck-By Incidents: Being hit by falling objects, vehicles, or equipment.
- Caught-In/Between Accidents: Workers can get caught in or between machinery, equipment, or collapsing structures.
- Electrical Hazards: Contact with power lines or faulty wiring can cause serious injuries or fatalities.
Types of Injuries
- Traumatic Brain Injuries: Severe head injuries caused by falls or struck-by incidents.
- Spinal Cord Injuries: Damage to the spinal cord leading to paralysis or reduced mobility.
- Broken Bones: Fractures resulting from falls or heavy machinery accidents.
- Burns: Injuries from electrical hazards or explosions.
- Lacerations: Deep cuts from sharp tools or machinery.
Workers’ Compensation vs. Personal Injury Claims
If you suffer a construction accident, you may wonder about the best way to secure the compensation you need to cover medical expenses, lost wages, and other damages.
Two primary legal avenues are available: workers’ compensation claims and personal injury lawsuits.
Workers’ Compensation Claims
The state-mandated workers’ compensation insurance program benefits employees who are injured or become ill due to their job duties. In most cases, construction workers are eligible for workers’ compensation benefits, regardless of who was at fault for the accident. These benefits can include:
- Medical expenses: Workers’ compensation covers all reasonable and necessary medical treatment related to your work-related injury, including hospital stays, surgeries, medications, and rehabilitation.
- Lost wages: If your injury prevents you from working, you may be entitled to a portion of your lost wages, typically around two-thirds of your average weekly wage.
- Disability benefits: If your injury results in a temporary or permanent disability, you may be eligible for additional benefits to compensate for your reduced earning capacity.
One of the main advantages of workers’ compensation is that it provides a relatively quick and straightforward path to receiving benefits. However, workers’ compensation does not cover non-economic damages, such as pain and suffering or emotional distress, and the benefits may be limited compared to what you could recover in a personal injury lawsuit.
Additionally, accepting workers’ compensation generally means you cannot sue your employer for negligence.
Personal Injury Claims
You can file a personal injury claim or civil lawsuit against the party or parties responsible for your construction accident. Unlike workers’ compensation, personal injury claims require you to prove that another party’s negligence or wrongdoing caused your injuries.
Potential defendants in a construction accident personal injury claim may include:
- Property owners
- General contractors
- Subcontractors
- Equipment manufacturers
- Architects or engineers
In a successful personal injury claim, you may recover a wider range of damages than those available through workers’ compensation, including:
- Medical expenses
- Lost wages and future earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Punitive damages (in rare cases involving egregious misconduct)
However, personal injury lawsuits can grow more complex and time-consuming than workers’ compensation claims, with no guarantee of success.
Choosing the Right Path
The path you choose to seek compensation will depend on your employment status. As a construction worker, you may be eligible to pursue both workers’ compensation benefits and a personal injury claim. However, if you were not an employee at the construction site, you can file a personal injury lawsuit against the responsible parties.
In some cases, you may pursue both a workers’ compensation claim and a personal injury lawsuit. An experienced construction accident attorney can help you evaluate your options and develop a strategy tailored to your unique circumstances.
Factors to consider when deciding between a workers’ compensation claim and a personal injury lawsuit may include:
- The severity of your injuries
- The long-term impact on your health and earning capacity
- The strength of your case against third parties
- The resources and expertise of your legal team
By working with a skilled attorney who understands the complexities of construction accident cases, you can confidently navigate your legal options and maximize your chances of securing the compensation you deserve.
Statutory Deadlines
In West Virginia, workers must file a workers’ compensation claim within six months of the accident. Personal injury claims generally have a two-year statute of limitations. Missing these deadlines can forfeit your right to compensation, so you must act fast.
Fighting the Insurance Company
Common Tactics Insurance Companies Use
Insurance companies often use various tactics to minimize the amount they have to pay out in claims.
- Delaying Claims: Insurance companies may use delaying tactics to frustrate claimants. By dragging out the process, they hope claimants will become desperate and accept lower settlements.
- Disputing Liability: Insurance adjusters often try to shift blame or minimize their client’s responsibility for the accident. They might argue that the accident was partially or entirely your fault.
- Undervaluing Damages: Insurance companies frequently downplay the severity of injuries or the cost of damages. They might offer settlements that do not cover the full extent of medical expenses, lost wages, and other losses.
How We Help Counter Their Tactics
At Robinette Legal Group, we are well-equipped to counter these tactics and ensure you receive fair compensation.
- Experienced Negotiation: Our attorneys have extensive experience dealing with insurance companies. We understand their strategies and can effectively counteract them to secure fair settlements.
- Comprehensive Evidence Collection: We gather extensive evidence, including medical records, accident reports, and witness statements, to build a strong case. This helps us prove the extent of your injuries and their impact on your life.
- Expert Witnesses: We collaborate with medical experts, accident reconstructionist, and other specialists to support your claim. Their testimonies can provide crucial evidence to strengthen your case.
- Legal Representation: We can take your case to court if negotiations do not lead to a fair settlement. Our attorneys will advocate for your rights and fight for the compensation you deserve.
- Client Advocacy: We prioritize your interests, ensuring that the insurance company treats you fairly and honors its obligations. We are dedicated to securing the best possible outcome for you.
- Continuous Support: From the initial filing of your claim to negotiating settlements or representing you in court, we provide support at every step. Our team is committed to guiding you through the process and addressing any concerns you may have.
Get Justice, Get Paid
A construction accident can turn your life upside down, leaving you with physical, emotional, and financial burdens that seem impossible to overcome. But you don’t have to face this challenge alone.
Our West Virginia personal injury lawyers bring decades of experience and a track record of success to every case we handle. We’ll work tirelessly to help you navigate your legal options, whether that means pursuing a workers’ compensation claim, filing a personal injury lawsuit, or both.
With our expertise and unwavering commitment to your well-being, you can focus on what matters most–your health and your family.
Don’t wait to take action. Contact us today at (304) 594-1800 for your free consultation.
Robinette Legal Group, PLLC
211 Everhart Dr Ste 200,
Morgantown, WV 26508,
United States
Contact Number – (304) 403-7504
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